Agenda Packet TC 07/25/2017 - Regular and Joint Session
!" (" ) *+,"#'$-
!"#$#%&' ()#*+
,)-%./ 0'!12 ,+3&4 56767
.//0&!1"21/!34
!"# $!%&'
$/=34, ">$',"?@ "?;A99:;;"<.56 )/".$!&%&*4'"7$&'3&!1"7 4)3) 8
#2BB" C"CDEFD"2GE"2GGCHG#F"2"IHCDH.
JGKC#2 JCG
<BFELF5
! "#$"% !&%'( ")#")* "+, -&(%'". %!/
! "#$"% !&%'( ")#")* "0 1%2". %!/
#J JMFG"<DF5FG 2 JCG5
0*&2"&2"%'"#33#-)4'&)5"$#-"(&)&6 '2")#"% - 22")* "7#4'(& "#'"%'5",%)) -"8* )* -"#-"'#)"&)"
&2"3#2) "#'")* "%! ' %/""0* "7#4'(& "&2"'#)"3 -,&)) ")#")%9 "%()&#'"#'"#-" &2(422"%'5"
3- 2 ')%)&#'2",% ")#")* "7#4'(& "%)")*&2")&, "(#'( -'&'!"%'"&) ,"'#)" &2) "#'")* "
%! ' %/""0* "7#4'(& "8& "* %-"3- 2 ')%)&#'2"#'"23 (&$&("%! ' %"&) ,2"3-&#-")#")* "
7#4'(& "% - 22&'!")*#2 "&) ,2/":#4",%5"23 %9"43")#"$#4-";<=",&'4) 2"#-")* ")&, " &,&)"
) -,&' ">5")* "?%5#-"#-"3- 2& &'!"#$$&( -/""0#"23 %9" 4-&'!")*&2"&) ,"5#4",42)"
(#,3 ) ")* "@3 %9 -A2"$#-,")*%)"&'( 4 2")* ")#3&(;2="#$"5#4-"2)%) , ')/""0#3&(2"#$"
3- 2 ')%)&#'"2*#4 "> " &,&) ")#",%)) -2"#B -"8*&(*")* "7#4'(& "*%2"%4)*#-&)5/
2GGCHG#F.FG 5"2GE"DF<CD 5
AN
8+$+#*+ ,-9" &"&:+) 0'&44; !%<&=+ )+:&)<#": =.+ >-''-9#":2 <#4$!44#-" &"< %)-*#<+
?;A9OP;;O
#"%!= )+:&)<#": 4&?+ @A=&>>BC
D-'#$+ 8+$-)<4
,-9" E&''
?N
8+$+#*+ ,-9" 0-!"$#' F#-" G%<&=+4H <#4$!44#-" -> 4&?+ @A=&>>BC
?;A9OP;AO
I$-"-?#$ (+*+'-%?+"= 0-)%-)&=#-" JK2 L!'/ 52 7 5
7#4'(& "C&%&2#'"D"?%5#-" -#"0 ,"E*5 %'"E#8
D&)M4 &"< 8+$)+&=#-" K-&)<2 L!'/ 7J2 7 5
7#4'(& "C&%&2#'"D"7#4'(& "? ,> -" *& &3"@*#$$' -
Town CouncilPage 1 of 287Meeting Date: July 25, 2017
!"# $!%&'.//0&!1"21/!34>$',"?@ "?;A9
#CG5FG "2LFGE2
+ ",%)) -2" &2) "%2"7#'2 ')"+! ' %"%- "(#'2& - ")#"> "-#4)&' ">5")* "0#8'"7#4'(& "
%' "8& "> " '%() ">5"#' ",#)&#'/"0* - "8& "'#)"> "%"2 3%-%) " &2(422&#'"#$")* 2 "
&) ,2/"F$" &2(422&#'"&2" 2&- G")*%)"&) ,"8& "> "- ,#B "$-#,")* "(#'2 ')"%! ' %"%' "
8& "> "(#'2& - "2 3%-%) 5/
PN
0-"4#<+) &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": =.+ ,-9" 0-!"$#' 8+:!'&) A+44#-"
?;A9OP;?O
#"!=+4 <&=+< L!"+ 752 7 5 @A=&>>BN
!"#$ %&
()&>= ,0 8+:!'&) A+44#-" #"!=+4 L!"+ 752 7 5N%<>
QN
8+>+))+< O:+"<& P=+? Q 0-"4#<+) &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": &" R)<#"&"$+
?;A9OPA?O
&<-%=#": & "+9 A+$=#-" N N S 2 TO!=.-)#=/U -> D&)= P2 TP" V+"+)&'U -> (#*#4#-" 72 TW&=+)
0-"4+)*&=#-" &"< ()-!:.= 8+4%-"4+U2 -> O)=#$'+ N 2 TI"*#)-"?+"=&' D)-=+$=#-"U ->
0.&%=+) 2 TV+"+)&' D)-*#4#-"4U &"< &?+"<#": A!14+$=#-" @1B -> A+$=#-" N N X72
TD-'#$/ 4=&=+?+"=H /+&)Q)-!"< 9&=+) ?&"&:+?+"= &"< $-"4+)*&=#-" )+Y!#)+?+"=4U &"<
&<-%=#": & "+9 A!14+$=#-" @&B@6B -> A+$=#-" N N X62 T8+4=)#$=#-"4 <!)#": A=&:+ U ->
D&)= PPP2 T()-!:.= 0-"=#":+"$/ D'&"U -> (#*#4#-" 72 TW&=+) 0-"4+)*&=#-" &"< ()-!:.=
8+4%-"4+U2 -> O)=#$'+ N 2 TI"*#)-"?+"=&' D)-=+$=#-"U -> 0.&%=+) 2 TV+"+)&'
D)-*#4#-"4U -> =.+ ,-9" -> ,)-%./ 0'!1 0-<+ -> R)<#"&"$+4H &"< %)-*#<#": &" +>>+$=#*+
<&=+ @A=&>>BN
!"#$ %&
A=&>> 8+%-)= Q O?+"<#": W&=+) 0-"4+)*&=#-" D'&"N%<>
R8( 7 5Q Z Q O?+"<#": W&=+) 0-"4+)*&=#-" D'&"N%<>
DFLHB2D"5F55JCG
@N
0-"4#<+) &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": &$$+%=&"$+ -> =.+ 1!<:+= &<-%=+< 1/
?;A9OP;@O
=.+ 0)#?+ 0-"=)-' &"< D)+*+"=#-" (#4=)#$= &"< -)<+)#": & %!1'#$ .+&)#": O!:!4= \[2 7 5
-" =.+ 1!<:+= =- 1+ .+'< #" &$$-)<&"$+ 9#=. 4=&=+ '&9 @A=&>>BN
!"#$ %&
A=&>> 8+%-)= Q 00D( K!<:+=N%<>
\\#4$&' \]+&) 7 5Q7 \[ 00D( K!<:+=N%<>
RN
0-"4#<+) &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": =.+ \\#4$&' \]+&) 7 \[ K!<:+= )+'&=+< =-
?;A9OP;RO
R=.+) \\!"<4H <#4$!44#-" -> 4&?+ @A=&>>BN
!"#$ %&
\\#4$&' \]+&) 7 \[ R=.+) \\!"<4N%<>
9N
(#4$!44#-" -> #=+?4 >-) \\!=!)+ O:+"<&4 =- #"$'!<+ &:+"<& #=+?4 >-) $-"4#<+)&=#-" -"
?;A9OP;9O
=.+ O!:!4= \[2 7 5 0-!"$#' &:+"<& &"< #=+?4 >)-? =.+ ,-9" 0-!"$#' \\!=!)+ O:+"<&
P=+?4 '#4= @A=&>>BN
!"#$ %&
O!:!4= \[2 7 5 G%$-?#": O:+"<&N%<>
P=+?4 >-) \\!=!)+ O:+"<&4 !%<&=+< 5Q 7Q7 5N%<>
Town CouncilPage 2 of 287Meeting Date: July 25, 2017
!"# $!%&'.//0&!1"21/!34>$',"?@ "?;A9
FSF#H JKF"5F55JCG
TN
D!)4!&"= =- =.+ >-''-9#": <+4#:"&=+< 4+$=#-" -> =.+ ,+3&4 V-*+)"?+"= 0-<+2
?;A9OPAPO
O""-=&=+<2 0.&%=+) ZZ @,+3&4 R%+" ++=#":4 O$=B2 =.+ 0-!"$#' 9#'' $-"*+"+ #"=-
+3+$!=#*+ 4+44#-" =- <#4$!44 =.+ >-''-9#":C
OBA+$=#-" ZZ N 57 (+'#1+)&=#-" )+:&)<#": 8+&' D)-%+)=/ =- <#4$!44 -) <+'#1+)&=+ =.+
%!)$.&4+2 +3$.&":+2 '+&4+2 -) *&'!+ -> )+&' %)-%+)=/ #> <+'#1+)&=#-" #" &" -%+"
?++=#": 9-!'< .&*+ & <+=)#?+"=&' +>>+$= -" =.+ %-4#=#-" -> =.+ :-*+)"?+"=&' 1-</
#" "+:-=#&=#-"4 9#=. & =.#)< %+)4-" &"< A+$=#-" ZZ N \[5 (+'#1+)&=#-" )+:&)<#":
I$-"-?#$ (+*+'-%?+"= ^+:-=#&=#-"4 !"<+) A!14+$=#-" @7B =- <#4$!44 -) <+'#1+)&=+
=.+ ->>+) -> >#"&"$#&' -) -=.+) #"$+"=#*+4 =- & 1!4#"+44 %)-4%+$= =.&= =.+ ,-9" 4++M4
=- .&*+ '-$&=+ 9#=.#" =.+ =+))#=-)/ -> =.+ ,-9"C
^-)=. -> E#:.9&/ J2 +&4= -> ,)-%./ 0'!1 ()#*+ @0-!"$#' +?1+) A.->>"+) &"<
0-!"$#' +?1+) _!)=`B
>CJG "5F55JCG"O"5 2D " J.F"T:;;"<N.N
UN
8+*#+9 -> &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": =.+ P"=+)'-$&' 0--%+)&=#-" O:)++?+"=
?;A9OP;TO
>-) O<?#"#4=)&=#-" -> \\#)+ D)-=+$=#-" A+)*#$+4 1+=9++" =.+ ,-9" -> ,)-%./ 0'!1 &"< =.+
,)-%./ 0'!1 !"#$#%&' G=#'#=/ (#4=)#$= ^-N @,-9" 0-!"$#'BN
!"#$ %&
A=&>> 8+%-)= Q P"=+)'-$&' 0--%+)&=#-" O:)++?+"= >-) O<?#4=)&=#-" -> \\#)+ D)-=+$=#-" A+)*#$+4N%<>
P"=+)'-$&' 0--%+)&=#-" O:)++?+"= >-) O<?#"#4=)&=#-" -> \\#)+ D)-=+$=#-" A+)*#$+4N%<>
O==&$.?+"= K Q O""!&' 8+%-)= O%)#' 7 5QL!'/ 7 5N%<>
a+.#$'+ &#"=+"&"$+ &"< 0+)=#>#$&=#-" 8+$-)<4N%<>
7 6 K!#'<#": P"4%+$=#-" 8+$-)<4N%<>
7 5 K!#'<#": P"4%+$=#-" 8+$-)<4N%<>
A;N
0-"4#<+) &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": =.+ \\#)+ D)-=+$=#-" A+)*#$+4 \\#4$&' \]+&)
?;A9OP;UO
7 5Q7 \[ 1!<:+= @,-9" 0-!"$#'BN
!"#$ %&
\\#)+ D)-=+$=#-" A+)*#$+4 \\#4$&' \]+&) 7 5Q7 \[ K!<:+=N%<>
AAN
8+$+#*+ &" !%<&=+ >)-? \\#)+ 0.#+> W&<+ 0&))-'' )+:&)<#": =.+ \\#)+ (+%&)=?+"=b4
?;A9OPA;O
A=&"<&)< R%+)&=#": D)-$+<!)+4 @,-9" 0-!"$#'BN
!"#$ %&
A=&>> 8+%-)= Q \\#)+ (+%&)=?+"= A=&"<&)< R%+)&=#": D)-$+<!)+4N%<>
F+3#%-' D-'#$/ G%'-&<N%<>
D-'#$/ O$M"-9'+<:+?+"= 8+%-)=N%<>
A?N
0-"4#<+) &"< =&M+ &%%)-%)#&=+ &$=#-" )+:&)<#": &" O?+"<?+"= =- A+$=#-" 5N 2 8+=&#'
?;A9OPAAO
0!4=-?+) 0.&):+2 A!14+$=#-" @&B -> =.+ O?+"<+< &"< 8+4=&=+< 0-"=)&$= >-)
W.-'+4&'+ W&=+) A!%%'/ &"< W&4=+9&=+) ,)+&=?+"= A+)*#$+4 &"< W&=+) &"<
W&4=+9&=+) R%+)&=#-"&' A+)*#$+4 @ &/-) A&"<+)4 &"< 0-!"$#' +?1+) A.->>"+)BN
!"#$ %&
8+*#4+< Q O?+"<+< W.-'+4&'+ W&=+) A!%%'/ &"< W&4=+9&=+) ,)+&=?+"= A+)*#$+4 0-"=)&$=N%<>
2E>CHDG
Town CouncilPage 3 of 287Meeting Date: July 25, 2017
!"# $!%&'.//0&!1"21/!34>$',"?@ "?;A9
V" +/" !"# $!%&'"84,"% !6/!/"&!0 "/W/%$0&6/"=/==& !"0 "3&=%$=="* =0/3"&0/8="4="
4'' /3"-,"0+/" /W4="C*/!".//0&!1"2%0 "BL#N@@AN;9A
#FD JXJ#2 JCG
J"%/)0&(,"0+40"0+/"4- 6/"! 0&%/" 4="* =0/3" !"0+/"() !0" &!3 " ("0+/"56 )/".$!&%&*4'"
7$&'3&!1 "A;;".$!&%&*4'"E)&6/ " ) *+,"#'$- " /W4= " !">$',"?; "?;A9"-,"9:;;"*N8N"&!"
4%% )34!%/" &0+"#+4*0/)"@@A " /W4="L 6/)!8/!0"# 3/N
Y '',"X&8-)/=
!"5/%)/04),ZD.C
J(", $"*'4!"0 "400/!3"0+&="*$-'&%"8//0&!1"4!3"+46/"4"3&=4-&'&0,"0+40")/\[$&)/="=*/%&4'"
!//3= "*'/4=/"% !04%0"0+/" !"5/%)/04),\\="C((&%/"40"RT?OTPAOQR;; "QT"+ $)="&!"
4364!%/ "4!3")/4= !4-'/"4%% 88 340& !=" &''"-/"843/"0 "4==&=0", $N
J"%/)0&(,"0+40"0+/"4004%+/3"! 0&%/"4!3"41/!34" ("&0/8="0 "-/"% !=&3/)/3"-,"0+&="7 4)3"
4=")/8 6/3"-,"8/"() 8"0+/"() !0" &!3 " ("0+/"56 )/".$!&%&*4'"7$&'3&!1 "A;;"
.$!&%&*4'"E)&6/ " ) *+,"#'$- " /W4= " !"0+/"\]\]\]\]\]\]\]\]\]\]"34," ("
\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\] "?;A9N
\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\] " &0'/:"\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]\]
Town CouncilPage 4 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-300-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Receive Town Manager Class' update regarding the following, discussion and provide input regarding
same (Staff):
·Police Records
·Town Hall
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 1:
Receive Town Manager Class' update regarding the following, discussion and provide input regarding same (Staff):
Police Records
Town Hall
Town CouncilPage 5 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-301-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Receive Town Council Liaison Updates; discussion of same (Staff):
·Economic Development Corporation 4B, July 17, 2017
Council Liaison - Mayor Pro Tem Rhylan Rowe
·Parks and Recreation Board, July 24, 2017
Council Liaison - Council Member Philip Shoffner
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Receive Town Council Liaison Updates; discussion of same (Staff):
Economic Development Corporation 4B, July 17, 2017
Council Liaison - Mayor Pro Tem Rhylan Rowe
Parks and Recreation Board, July 24, 2017
Council Liaison - Council Member Philip Shoffner
Town CouncilPage 6 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-302-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Consider and take appropriate action regarding the Town Council Regular Session Minutes dated
June 27, 2017 (Staff).
Attachments:Draft TC Regular Session Minutes June 27, 2017.pdf
DateVer.Action ByActionResult
Agenda Item No. 3:
Consider and take appropriate action regarding the Town Council Regular Session Minutes dated June 27, 2017 (Staff).
Town CouncilPage 7 of 287Meeting Date: July 25, 2017
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, June 27, 2017 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, June 27, 2017. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Rhylan Rowe Mayor Pro Tem, Place 3
Alicia Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Tom Class Town Manager Amber Karkauskas Director of Finance
David Dodd Town Attorney Sherri Lewis PIO/Communications Manager
Holly Fimbres Town Secretary/RMO Todd Mauthe Police Patrol Sergeant
Patrick Arata Police Chief Mike Pastor Information Technology Manager
Keith Burris Police CID Sergeant Jonathan Phillips Director of Administrative Services
Wade Carroll Fire Chief Roseann Sears Police Officer
Matt Christoffel Police Officer Scott Spooner Police Investigative Assistant
Kelly Darling Recreation Coordinator Tracey Shields Police Lieutenant
David Januszewski Police Officer Barry Sullivan Police Officer
Tony Jaramillo Director of Parks and Recreation John Zagurski Budget Manager
Mayor Sanders announced the date of Tuesday, June 27, 2017, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Fire Chief Carroll.
The Pledges to the American Flag and Texas Flag were led by Council Member Jensen.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
DaNelia Organ, 2803 Waverley Drive, proposed that the Council change Town ordinances to prohibit short-term
rentals such as Airbnb. The influx of strangers concerned her since their purpose and background were unknown;
therefore, she also worried about the safety of children. She believed that this type of business structure
demonstrated allowance of zoning for hotel services in residential areas, which she was against.
Town CouncilPage 8 of 287Meeting Date: July 25, 2017
Carrie Sharer, 6 Hill Court, expressed her concern that background checks were not being performed on short-term
renters so there was no verification if those individuals were registered sex offenders. She believed that this type
of practice opened up safety and security issues for residents.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update regarding the following, discussion and provide input regarding same
(Staff):
Community Pool – Shade structure project started on June 21st with completion expected to be by the
end of the week. As of June 23rd, Staff has issued 595 “Family” and 114 “Individual” resident pool
memberships.
July 4th Celebration – Preparation was ongoing with the actual setup beginning June 28th. Signage and
orange fencing would be installed by the end of the week and large rented equipment would arrive on
July 3rd.
Staffing – Tony Jaramillo was promoted to the Director of Parks and Recreation, Nathan Blase was hired
as the Recreation Superintendent, James Edwards was hired as the Human Resources Manager, and the
Parks Superintendent position has been posted.
Council Member Shoffner inquired when the Independence Park West shade structure would be installed.
Director of Parks and Recreation Jaramillo responded that it would be installed after the Community Pool shade
structure was completed.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated May 23,
2017 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding a First Amendment to Land Lease Agreement and
Memorandum of Land Lease Agreement between the Town and Verizon Wireless, for a wireless antenna
facility located along State Highway 114 between Trophy Lake Drive and Trophy Club Drive; and authorizing
the Mayor or his designee to execute all necessary documents (Staff).
4. Consider and take appropriate action regarding a Requisition Request for procurement of a 2017 Ford F-250
Supercab between the Town of Trophy Club and Silsbee Ford for operations in the Streets Department; and
authorizing the Mayor or his designee to execute all necessary documents (Staff).
5. Consider and take appropriate action regarding a Requisition Request for procurement of a new phone
system for the new Town Hall facility between the Town of Trophy Club and Mercury Communication for
operations in Information Services Department; and authorizing the Mayor or his designee to execute all
necessary documents.
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Kurtz, to approve the Consent Agenda Items
2 through 5.
Motion passed unanimously 7-0-0.
Town Council Minutes June 27, 2017 Page 2 of 8
Town CouncilPage 9 of 287Meeting Date: July 25, 2017
REGULAR SESSION
6. Recognition of the Police Department for their contribution in the Town of Trophy Club being ranked No. 1
as being the Safest City in Texas for 2017 according to SafeWise (Staff).
Mayor Sanders recognized the Police Department for their efforts in community safety and crime prevention,
which resulted in the Town of Trophy Club being ranked No. 1 as being the Safest City in Texas for 2017.
Additionally, he presented Police Chief Arata with a Certificate from SafeWise.
No action was taken on this item.
7. Consider and take appropriate action regarding a Proclamation of the Town Council designating July as Park
and Recreation Month in Trophy Club; and providing an effective date (Staff).
Mayor Pro Tem Rowe read the proclamation into record.
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Kurtz, to approve Proclamation No. 2017-06,
designating July as Park and Recreation Month in Trophy Club; and providing an effective date of June 27, 2017.
Motion passed unanimously 7-0-0.
Mayor Sanders presented the Proclamation to Tiffany Nimphius, Chair of the Parks and Recreation Board, and
Recreation Coordinator Kelly Darling.
(Town Secretary Note: Mayor Pro Tem Rowe temporarily excused himself from the meeting at 7:11 p.m.)
8. Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report for
Fiscal Year 2016 (Staff).
Budget Manager Zagurski stated that this represented the third year that the Town submitted a Popular Annual
Financial Report (PAFR). Staff extracts information from the Comprehensive Annual Financial Report to produce
the PAFR. The PAFR was designed to be readily accessible and easily understandable to the general public without
a background in public finance. Additionally, he stated that the report has resulted in the Town receiving an award
for the past two years.
Motion:
Motion made by Council Member Kurtz, seconded by Council Member Jensen, to accept the PAFR for Fiscal Year
2016.
Motion passed unanimously 6-0-0.
Mayor Sanders announced that he had received requests from individuals to consider Agenda Item No. 12 earlier
in the meeting since there were residents present who wished to speak on the item.
Council Member Jensen expressed his opinion that the Council should continue to present the agenda items in the
order as they were listed. Council Member Shoffner agreed since Mayor Pro Tem Rowe was absent for discussion
on the item.
9. Consider and take appropriate action regarding the Texas Municipal Retirement System (TMRS) Consumer
Price Index (CPI) adjustment for Calendar Year 2018 (Staff).
Director of Finance Karkauskas remarked that the current annual annuity was 30 percent for the TMRS CPI
adjustment for Calendar Year 2018, which has been the same rate since the adoption of Ordinance No. 2014-40.
Town Council Minutes June 27, 2017 Page 3 of 8
Town CouncilPage 10 of 287Meeting Date: July 25, 2017
Motion:
Motion made by Council Member Lamont, seconded by Council Member Fleury, to set funding of the TMRS CPI
adjustment for Calendar Year 2018 to 30 percent.
Council Member Lamont requested that this item be presented on the Consent Agenda for future years.
The vote was taken.
Motion passed unanimously 6-0-0.
10. Receive an update and provide direction to Town Staff regarding Entryway Monumentation and Median
Landscaping for the Town of Trophy Club (Mayor Sanders and Council Member Lamont).
Budget Manager Zagurski recommended advertising the 2017 Request for Proposals (RFP) for Entryway
Monumentation in August 2017 to allow Staff to complete the Fiscal Year 2018 Budget. The Council Subcommittee
instructed Staff to narrow the scope of the RFP to Entryway Monumentation and not include Park signage and the
Median Landscape Plan.
Mayor Sanders requested to have an item on the July 11, 2017 Council agenda to consider appointing a Council
Member to the vacant position on the Council Subcommittee that was reviewing Entryway Monumentation and
Median Landscaping for the Town, since former Council Member Reed was no longer serving on the Council.
Council Member Shoffner remarked that Council sent the Park signage to the Parks and Recreation Board for
consideration and they returned a recommendation back to Council. Additionally, he commented that the 2017
RFP for Entryway Monumentation would be provided to the Council prior to its advertisement and that Staff was
exploring several landscape architects for a unified look of the median landscapes throughout the Town.
(Town Secretary Note: Mayor Pro Tem Rowe returned at 7:24 p.m.)
No action was taken on this item.
11. Receive an update and provide direction to Town Staff regarding Trophy Club Park Debris Removal (Staff).
Town Manager Class provided an update regarding the Trophy Club Park Debris Removal. On December 13, 2016,
Council awarded the RFP to Ceres Environmental in an amount not to exceed $81,475. Ceres Environmental
submitted a task order with a ceiling price of $52,398.60 and were prepared to begin debris removal on July 10,
2017. Today, Staff received notice from the State Assistant Recovery Officer, who has been assisting with the
contract with Ceres Environmental and the Federal Emergency Management Agency (FEMA), to postpone the
removal based upon a FEMA decision as it relates to the U.S. Army Corps of Engineers leasing of land. There was a
legal opinion that FEMA was working through to determine if one federal agency can pay another federal agency
for disaster relief. Once a resolution has been reached, Staff would be prepared to move forward with this item.
Council Member Lamont inquired if the Town had received funds from FEMA. Town Manager Class responded
that FEMA has provided funds for the debris removal, but they would not been spent until the legal issue had been
resolved. He added that Staff was preparing a second FEMA grant for the repair of Trophy Club Park.
Mayor Sanders received consensus from the Council to place this item on a future Consent Agenda if any further
action was needed.
No action was taken on this item.
Town Council Minutes June 27, 2017 Page 4 of 8
Town CouncilPage 11 of 287Meeting Date: July 25, 2017
12.Consider and take appropriate action regarding the Trophy Club Municipal Utility District No. 1 proposal to
enter into an agreement with the Town of Trophy Club to transfer ownership of the Fire Station, Fire Station
land, and equipment to the Town (Mayor Sanders).
Council Member Jensen stated that he objected to the consideration of the question.
Mayor Sanders ruled the objection to the consideration of the question out of order because he considered the
objection to be entirely outside the guidelines of the Robert’s Rules of Order for this action.
Council Member Shoffner called for a Point of Order and stated that the objection to the consideration of the
question was allowable under the Town’s Rules of Procedure within Section 1.03.038, Parliamentary motions and
precedence. The action did not require a second, the Presiding Officer shall immediately call the question, and it
required a two-thirds vote of the Council.
Mayor Sanders advised that Council also followed Robert's Rules of Order.
Council Member Shoffner challenged the Chair’s ruling.
Mayor Sanders relinquished the Chair to Mayor Pro Tem Rowe.
Mayor Pro Tem Rowe called for the vote on the challenge of the Chair’s ruling that Council Member Jensen’s
objection to the consideration of the question was out of order.
Council Member Lamont requested a legal opinion. Town Attorney Dodd stated that the Council adopted Robert’s
Rules of Order and specific Rules of Procedure, therefore any rules that are not specifically called out within the
Town’s Rules of Procedure would revert to Robert’s Rules of Order. He remarked that a “yes” vote supported the
Chair’s ruling that Robert’s Rules of Order superseded the Town’s Rules of Procedure and a “no” vote supported
the challenge.
The vote was taken, on the challenge of the Chair’s ruling that Council Member Jensen’s objection to the
consideration of the question was out of order.
Motion failed for lack of majority 1-6-0 with Mayor Sanders voting for, and Mayor Pro Tem Rowe and Council
Members Fleury, Jensen, Kurtz, Lamont, and Shoffner voting against.
Mayor Pro Tem Rowe relinquished the Chair back to Mayor Sanders.
The vote was taken, on the objection to the consideration of the question.
Motion carried 5-2-0 with Mayor Pro Tem Rowe and Council Members Jensen, Kurtz, Lamont, and Shoffner
voting for and Mayor Sanders and Council Member Fleury voting against.
(Town Secretary Note: Jim Parrow, Danny Mayer, and Steve Flynn filled out Speaker Request Forms but did not
speak)
13. Referred Agenda Item: Consider and take appropriate action regarding appointing the Mayor and two (2)
Council Members to the Town Council Appointments Committee (Staff).
Mayor Pro Tem Rowe commented that he had referred this agenda item to give the opportunity for the entire
Council to be present to see if they had any interest in serving on this Committee.
Motion:
Motion made by Council Member Lamont, seconded by Council Member Jensen, to appoint Mayor Sanders, Mayor
Pro Tem Rowe, and Council Member Kurtz to serve as the Town Council Appointments Committee.
Town Council Minutes June 27, 2017 Page 5 of 8
Town CouncilPage 12 of 287Meeting Date: July 25, 2017
Discussion took place that the current Town Council Appointments Committee has served two consecutive years.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Rowe, seconded by Council Member Shoffner, to appoint Mayor
Sanders, Council Member Jensen, and Council Member Kurtz to serve as the Town Council Appointments
Committee.
Motion as amended passed unanimously 7-0-0.
14. Town Council Future Agenda Item No. 3 - Consider and take appropriate action regarding land that: (A) The
Town owns for the possibility of residents to acquire the land; and (B) Is maintained by the Town but not
owned (Council Member Lamont and Council Member Shoffner).
Town Manager Class advised that the Town had eight (8) common areas that the Town maintained. Currently, five
(5) of those common areas are maintained by the Parks Department and the remaining three (3) are maintained by
private contractors paid by the Town. Staff did a rudimentary cost analysis, which indicated the total estimated
annual cost, excluding equipment and fuel, to be approximately $70,125.
Council Member Shoffner believed that if the Town did not own the property then the Town should not maintain
the land. He requested that Staff research the following areas to determine if the Town maintained them since
they appeared to be similarly mowed like the median areas:
Trophy Wood Drive behind the Hampton Inn;
PD-30; and
Indian Creek shoulder near Troon Drive
Council Member Shoffner was in favor of the Town turning over the right-of-way on Village Trail and Trophy Lake
Drive to The Church at Trophy Lakes. Given the Memorandum of Understanding between the Medlin Cemetery
Association and the Town, he supported the Town purchasing the property for $1 and then the Town would
continue to maintain the area. Since the Town did not own the lot on Sonora Drive, he believed that the property
owner should be maintaining that lot. Additionally, he suggested that the Town pursue ownership of the triangle
piece of property on Bobcat Boulevard and Marshall Creek Road, owned by the Northwest Independent School
District, for possible placement of entryway monumentation.
Discussion took place about locating the documentation from 2002 when Trophy Club Community Improvement
Association conveyed property to the Town.
Town Manager Class advised that the two adjacent property owners to the gas well site adjacent to Highlands
Court were interested in purchasing the property from the Town. He explained that there was an issue because of
the wall on the gas well site, which was between 10 to 15 feet inside the property line. The two property owners
would have to receive permission from Beck Ventures to place their fence on their property. Additionally, he
stated that the Town had an ordinance in place that anything less than 20 feet could not place parallel fencing;
therefore it would not be feasible for those property owners to purchase the property.
Council Member Shoffner pointed out that the Town also maintained land behind the two houses at the end of the
cul-de-sac on Milsons Point Drive. He asked that Staff review selling that land into the tree line area to those two
homeowners. Director of Parks and Recreation Jaramillo responded that he had spoken with one of those
residents concerning the maintenance of Town owned property behind their house.
Mayor Pro Tem Rowe recommended that Staff draft a proposed course of action for each identified area and if
there was any further questions from Council, then a Council subcommittee could be appointed to work through
the details.
No action was taken on this item.
Town Council Minutes June 27, 2017 Page 6 of 8
Town CouncilPage 13 of 287Meeting Date: July 25, 2017
15. Town Council Future Agenda Item No. 4 - Consider and take appropriate action regarding the Memorandum
of Understanding relating to the Joint Regional Local Governments consisting of the Town of Trophy Club,
the Town of Westlake, and the City of Roanoke (Mayor Sanders).
Mayor Sanders commented that the Memorandum of Understanding was relatively vague but it was an avenue for
the three entities to state they would work together. It was originally created because of the 170 bridge,
specifically for the aesthetics and landscaping. He wanted the Understanding reviewed again due to the
development in Westlake and Roanoke and because there had been discussions of a Green Ribbon grant along the
Highway 114 corridor.
Council Member Jensen believed that the Understanding did not serve a true purpose because the three entities
should work together regardless of the Understanding being in place.
Council Member Shoffner and Mayor Pro Tem Rowe agreed that no specific scenarios have been accomplished
with this Understanding and if an item were to arise then a formal agreement could be made that provided
specified details and responsibilities.
Council Member Jensen inquired what the purpose was for this item being presented. Mayor Sanders commented
that he added the item because it was discussed at a Metroport Cities Partnership meeting by the Town Manager
of Westlake; therefore he wanted to allow the current Council to review the Understanding.
Motion:
Motion made by Council Member Jensen, seconded by Mayor Pro Tem Rowe, to notify the City of Roanoke and the
Town of Westlake that the Town of Trophy Club did not wish to proceed with the Memorandum of Understanding
as written.
Council Member Jensen withdrew the Motion and Mayor Pro Tem Rowe agreed after discussion took place that
there was no cancelation clause and the Town could continue without formally notifying the other entities.
Mayor Sanders remarked that Town Manager Class could informally notify those two entities.
No action was taken on this item.
16. Discussion of items for Future Agendas to include agenda items for consideration on the July 11, 2017
Council agenda and items from the Town Council Future Agenda Items list (Staff).
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Mayor Sanders requested to remove Item No. 4 from the Town Council Future Agenda Items list: Review the
Interlocal Agreement between the City of Roanoke, the Town of Westlake, and the Town of Trophy Club. (Sanders
3/28/2017) (1-June 27, 2017)
Mayor Pro Tem Rowe requested to have a Workshop Session at the July 11, 2017 Council meeting regarding the
review of Parks and Recreation items to allow Council the ability to revisit certain items.
Town Manager Class recommended starting the Workshop Session at 6:30 p.m.
Town Council Minutes June 27, 2017 Page 7 of 8
Town CouncilPage 14 of 287Meeting Date: July 25, 2017
EXECUTIVE SESSION
(TOWN SECRETARY NOTE: THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION)
17. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee:
Denco 9-1-1 District Board of Managers
18. Consider and take appropriate action regarding a Resolution of the Town Council appointing one (1)
member to serve on the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date
(Staff).
Motion:
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Lamont, to approve Resolution No. 2017-11,
appointing Sue Tejml to the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date of
June 27, 2017.
Motion passed unanimously 7-0-0.
19. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Kurtz, seconded by Council Member Fleury, to adjourn the meeting at 8:16 p.m.
Motion passed unanimously 7-0-0.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes June 27, 2017 Page 8 of 8
Town CouncilPage 15 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-312-T Version:1 Name:
Type:Agenda Item Status:Consent Agenda
File created:7/12/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Referred Agenda Item - Consider and take appropriate action regarding an Ordinance adopting a new
Section 1.10.031, “Authority” of Part I, “In General” of Division 2, “Water Conservation and Drought
Response”, of Article 1.10, “Environmental Protection” of Chapter 1, “General Provisions” and
amending Subsection (b) of Section 1.10.092, “Policy statement; year-round water management and
conservation requirements” and adopting a new Subsection (a)(6) of Section 1.10.096, “Restrictions
during Stage 1” of Part III, “Drought Contingency Plan” of Division 2, “Water Conservation and
Drought Response”, of Article 1.10, “Environmental Protection” of Chapter 1, “General Provisions” of
the Town of Trophy Club Code of Ordinances; and providing an effective date (Staff).
Attachments:Staff Report - Amending Water Conservation Plan.pdf
ORD 2017-15 - Amending Water Conservation Plan.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
ReferredAgendaItem-ConsiderandtakeappropriateactionregardinganOrdinanceadoptinganewSection1.10.031,
“Authority”ofPartI,“InGeneral”ofDivision2,“WaterConservationandDroughtResponse”,ofArticle1.10,
“EnvironmentalProtection”ofChapter1,“GeneralProvisions”andamendingSubsection(b)ofSection1.10.092,“Policy
statement;year-roundwatermanagementandconservationrequirements”andadoptinganewSubsection(a)(6)of
Section1.10.096,“RestrictionsduringStage1”ofPartIII,“DroughtContingencyPlan”ofDivision2,“WaterConservation
andDroughtResponse”,ofArticle1.10,“EnvironmentalProtection”ofChapter1,“GeneralProvisions”oftheTownof
Trophy Club Code of Ordinances; and providing an effective date (Staff).
Town CouncilPage 16 of 287Meeting Date: July 25, 2017
To: Mayor and Town Council
From:Ron Powell, Acting Director of Community Development
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Water Conservation Plan Amendments
Town Council Meeting, July 25, 2017
Agenda Item:
Referred Agenda Item - Consider and take appropriate action regarding an Ordinance adopting
a new Section 1.10.031, “Authority” of Part I, “In General” of Division 2, “Water Conservation
and Drought Response”, of Article 1.10, “Environmental Protection” of Chapter 1, “General
Provisions” and amending Subsection (b) of Section 1.10.092, “Policy statement; year-round
water management and conservation requirements” and adopting anew Subsection (a)(6) of
Section 1.10.096, “Restrictions during Stage 1” of Part III, “Drought Contingency Plan” of
Division 2, “Water Conservation and Drought Response”, of Article 1.10, “Environmental
Protection” of Chapter 1, “General Provisions” of the Town of Trophy Club Code of Ordinances;
and providing an effective date (Staff).
Explanation:
In an effort to address Council’s concerns over the Town’s authority to grant variances and
exceptions to the Water Conservation and Drought Contingency Plan, Staff proposes the
adoption of Section 1.10.031, “Authority” which states:
This Ordinance applies when the Town has jurisdiction over the area. Nothing in this Ordinance
will supersede any requirement of Jurisdiction or contractual authority of Trophy Club Municipal
District No. 1.
The City of Fort Worth and the Trophy Club Municipal Utility District No. 1 adopted similar
water conservation plans and Drought Contingency & Emergency Plans in April of 2014. The
changes made from previous versions of those plans included the addition of twice a week
watering schedules.
The Town’s Water Conservation Plan must be updated to reflect those new irrigation schedules
and to add the restriction of watering during precipitation and temperatures at or below 32
degrees Fahrenheit.
Page 1 of 3
Town CouncilPage 17 of 287Meeting Date: July 25, 2017
Below are the proposed changes to the Town’s Water Conservation Plan:
Section 1.10.092 Policy statement; year-roundwater management and
conservation requirements
…
(b) Year-round water management plan and conservation requirements.Until notification
of the declaration of stage 1, stage 2, or stage 3 drought conditions exist as required by
this part, customers shall perform outdoor watering only in accordance with the following
schedule and pursuant to the following regulations:
(1)No watering on Mondays
(2)Commercial addresses: Tuesdays and Fridays
(3)Residential Odd-numberedaddresses: Tuesday/Thursdayand Sunday/Saturday.
(24) Residential Even-numberedaddresses: Wednesdayand Saturday/Friday/Sunday.
(35) Irrigation of all types, including without limitation irrigation by in-ground sprinkler
systems or by portable sprinkling devices, is prohibited on Mondays.
(46) Watering with a sprinkler or irrigation system is prohibited between the hours of
10:00 a.m. and 6:00 p.m. everyday.
(57) Watering with a soaker hose or drip irrigation is allowed at any time or on any day
except Mondays.
(68) Watering with a handheld hose or handheld bucket may be done at any time on
any day.
(79) For the first thirty (30) days after hydro mulch, grass sod, or grass seed is installed
for the purpose of establishing a new lawn, there shall be no restrictions on
watering. Upon demand by town, documentation of the date of installation shall be
provided by customer. On the thirty-first day after installation, all watering
restrictions provided in this section shall apply. This exception does not apply to
over-seeding with rye where turf already exists.
Violations of the year-round water management requirements set forth in this section are
enforceable under section 1.10.094 of this part.”
Section 1.10.096 Restrictions during Stage 1
…
(a) Prohibited conduct. Upon declaration that Stage 1 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It
shall be unlawful for a person to engage in any one or more of the acts listed
below. No person shall:
(1) Cause or allow the hosing of paved areas, such as sidewalks, driveways,
parking lots, tennis courts, patios, or other impervious surfaces, except to
alleviate an immediate health or safety hazard;
(2) Cause or allow the hosing of buildings or other structures for purposes other
than fire protection or surface preparation prior to painting;
(3) Use water in such a manner as to allow runoff or other waste, including:
(A)Failure to repair a controllable leak, including a broken sprinkler head, a
leaking valve, leaking or broken pipes, or a leaking faucet, within
twenty-four (24) hours after the leak occurred;
(B)Operating a permanently installed irrigation system with:
Page 2 of 3
Town CouncilPage 18 of 287Meeting Date: July 25, 2017
(i) A broken head;
(ii)A head that is out of adjustment and the arc of the spray head is
over a street or parking lot; or
(iii)A head that is misting because of high water pressure;
(C)During irrigation, allowing water to:
(i) Run off a property and form a stream of water in a street for a
distance of fifty feet (50') or greater; or
(ii) Pond in a street or parking lot to a depth greater than one-quarter
of an inch;
(4) Cause or allow outdoor wateringwith sprinklers or irrigation systems between
the hours of 10 a.m. and 6 p.m. daily; or
(5)Cause or allow landscape watering with sprinklers or irrigation systems at any
service address more than two (2) times per week and/or on a day other than
that specified for such service address in the schedule provided below:
(A)Residential addresses ending in an even number (0, 2, 4, 6, or 8) may
water on Wednesdays and Saturdays.
(B)Residential addresses ending in an odd number (1, 3, 5, 7, or 9) may
water on Thursdays and Sundays.
(C)All nonresidential locations (apartment complexes, businesses,
industries, parks, medians, etc.) may water on Tuesdays and Fridays.
This prohibition applies to landscape watering of parks, golf courses,
and sports fields. Notwithstanding the foregoing, commercial customers
are excepted as specifically set forth below.
(6)Cause or allow an irrigationsystem or other lawn watering device to operate
during any form of precipitation or when temperatures are at or below 32
degreesFahrenheit.”
Attachments:
Ordinance No. 2017-15
Recommendation:
Staff recommends adoption of the proposed Ordinance.
Page 3 of 3
Town CouncilPage 19 of 287Meeting Date: July 25, 2017
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTINGA NEW SECTION 1.10.031, “AUTHORITY” OF PART I, “IN
GENERAL” OF DIVISION 2, “WATER CONSERVATION AND
DROUGHT RESPONSE”, OF ARTICLE 1.10, “ENVIRONMENTAL
PROTECTION” OF CHAPTER 1, “GENERAL PROVISIONS” OF THE
TOWN OF TROPHY CLUB CODE OF ORDINANCES TODELEGATE
JURISDICTION AUTHORITY OVER THE WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN AND AMENDING
SUBSECTION (B) OF SECTION 1.10.092, “POLICY STATEMENT;
YEAR-ROUND WATER MANAGEMENTAND CONSERVATION
REQUIREMENTS”, AND ADOPTING A NEW SUBSECTION (A)(6) OF
SECTION 1.10.096, “RESTRICTIONS DURING STAGE 1” OF PART III,
“DROUGHT CONTINGENCY PLAN” OF DIVISION 2, “WATER
CONSERVATION AND DROUGHT RESPONSE”, OF ARTICLE 1.10,
“ENVIRONMENTAL PROTECTION” OF CHAPTER 1, “GENERAL
PROVISIONS” OF THE TOWN OF TROPHY CLUB CODEOF
ORDINANCES TODELEGATE JURISDICTION AUTHORITY OVER THE
WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN AND
TOMATCH YEAR-ROUND WATER CONSERVATION AND
MANAGEMENT REQUIREMENTS SET FORTH BY THE CITY OF FORT
WORTH AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
1 DROUGHT CONTINGENCY & EMERGENCY WATER MANAGEMENT
PLANS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES;PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Trophy Municipal Utility District No. 1 contracts with the City of
Fort Worth to provide Waterto the residents of Trophy Club; and
WHEREAS,
the Town of Trophy Club provides enforcement of regulations
relative to wateruse and conservation; and
WHEREAS,
on April 8, 2014, the City of Fort Worth adopted Ordinance No.
21194-04-2014 revising their Drought ContingencyandEmergency Water Management
Plan(hereinafter “Plan”)to mandate twice per week watering and irrigationto closely
resemble Stage 1 watering restrictions; and
Town CouncilPage 20 of 287Meeting Date: July 25, 2017
WHEREAS,
onApril 22, 2014,the Trophy Club Municipal Utility District No. 1
adopted a Drought Contingency and Emergency Water Management Plan through the
enactment of Resolution No. 2014-0422A (hereinafter “Plan”)to mandate twice per
week watering and irrigationto closely resemble Stage 1 water restrictions; and
WHEREAS,
both of these plans also include the restriction of irrigation systems
operating during precipitation or when temperatures are at or below 32 degrees
Fahrenheit; and
WHEREAS,
the Town Council recognizes the crucial public health and safety
issues that will arise if there is a shortage of Water, including but not limited to the
inability to effectively fight fires, and further recognizes the need to be proactive to
conserve waterresourcesby adopting a Plan to manage and conserve water; and
WHEREAS,
the Town Council finds that the adoption ofyear-round watering
restrictionsisnecessary to safeguard the supply of waterto the residents of the Town
andto protect the public health, safety, and welfare; and
WHEREAS,
in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt new Section 1.10.031,
“Authority” of Part I, “In General” of Division 2, “Water Conservation and Drought
Response”, of Article 1.10, “Environmental Protection” of Chapter 1, “General
Provisions” of the Town of Trophy Club Code of Ordinancesto delegate jurisdiction
authority over the water conservation and drought contingency planas provided in this
Ordinance;and
WHEREAS,
in order to protect public health, safety and welfare, the Town
Council has determined it necessary and appropriate to adopt amendments to
Subsection (b)of Section 1.10.092, “Policy statement; year-round water management
andconservation requirements” andthe adoption of Subsection (a)(6) ofSection
1.10.096, “Restrictions duringStage 1” of Part III, “Drought Contingency Plan” of
Division 2, “Water Conservation and Drought Response”, of Article 1.10, “Environmental
Protection” of Chapter 1, “General Provisions” of the Town of Trophy Club Code of
Ordinances to match year-round Water Conservation and Management Requirements
set forth by the City of Fort Worth and the Trophy Club Municipal Utility District No. 1
Drought Contingency & Emergency Water Management Plans as provided in this
Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
ORD 2017-15Page 2 of 7
Town CouncilPage 21 of 287Meeting Date: July 25, 2017
SECTION 2.
AMENDMENTS
2.01
Section 1.10.031, “Authority” of Part I, “In General” of Division 2, “Water
Conservation and Drought Response”, of Article 1.10, “Environmental Protection” of
Chapter 1, “General Provisions” of the Town of Trophy Club Code of Ordinancesis
hereby adopted to delegate jurisdiction authority over the water conservation and
drought contingency planto be and read in itsentirety as follows:
“CHAPTER 1 GENERAL PROVISIONS
“
…
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
…
Division 2.Water Conservation and Drought Response
…
Part I. In General
…
Section 1.10.031 Authority
This Ordinance applies when the Town has jurisdiction over the area. Nothing in
this Ordinance will supersede any requirement of Jurisdiction or contractual
authority of Trophy Club Municipal District No. 1.”
2.02.
Section 1.10.092, “Policy statement; year-roundwater management and
conservation requirements” of Part III, “Drought Contingency Plan” of Division 2, “Water
Conservation and Drought Response”, of Article 1.10, “Environmental Protection” of
Chapter 1, “General Provisions” of the Town of Trophy Club Code of Ordinancesis
hereby amended to match year-round Water Conservation and Management
Requirements set forth by the City of Fort Worth and the Trophy Club Municipal Utility
District No. 1 Drought Contingency & Emergency Water Management Plansto be and
read in itsentirety as follows:
“CHAPTER 1 GENERAL PROVISIONS
…
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
…
Division 2.Water Conservation and Drought Response
…
Part III. Drought Contingency Plan
…
Section 1.10.092 Policy statement; year-roundwater management and
conservation requirements
…
(b) Year-round water management plan and conservation requirements. Until
notification of the declaration of stage 1, stage 2, or stage 3 drought conditions
ORD 2017-15Page 3 of 7
Town CouncilPage 22 of 287Meeting Date: July 25, 2017
exist as required by this part, customers shall perform outdoor watering only in
accordance with the following schedule and pursuant to the following regulations:
(1)No watering on Mondays
(2)Commercial addresses:Tuesdays and Fridays
(3)Residential Odd-numberedaddresses: Thursdayand Sunday
(4) Residential Even-numberedaddresses: Wednesdayand Saturday.
(5) Irrigation of all types, including without limitation irrigation by in-ground
sprinkler systems or by portable sprinkling devices, is prohibited on
Mondays.
(6) Watering with a sprinkler or irrigation system is prohibited between the
hours of 10:00 a.m. and 6:00 p.m. every day.
(7) Watering with a soaker hose or drip irrigation is allowed at any time or on
any day except Mondays.
(8) Watering with a handheld hose or handheld bucket may be done at any time
on any day.
(9) For the first thirty (30) days after hydro mulch, grass sod, or grass seed is
installed for the purpose of establishing a new lawn, there shall be no
restrictions on watering. Upon demand by town, documentation of the date
of installation shall be provided by customer. On the thirty-first day after
installation, all watering restrictions provided in this section shall apply. This
exception does not apply to over-seeding with rye where turf already exists.
Violations of the year-round water management requirements set forth in this
section are enforceable under section 1.10.094 of this part.”
2.03.
Subsection (a)(6) ofSection 1.10.096, “Restrictions during Stage 1” of Part III,
“Drought Contingency Plan” of Division 2, “Water Conservation and Drought Response”,
of Article 1.10, “Environmental Protection” of Chapter 1, “General Provisions” of the
Town of Trophy Club Code of Ordinancesishereby adoptedto match year-round Water
Conservation and Management Requirements set forth by the City of Fort Worth and
the Trophy Club Municipal Utility District No. 1 Drought Contingency & Emergency
Water Management Plansto be and read in itsentirety as follows:
“CHAPTER 1 GENERAL PROVISIONS
…
ARTICLE 1.10 ENVIRONMENTAL PROTECTION
…
Division 2. Water Conservation and Drought Response
…
Part III. Drought Contingency Plan
…
Section 1.10.096 Restrictions during Stage 1
…
ORD 2017-15Page 4 of 7
Town CouncilPage 23 of 287Meeting Date: July 25, 2017
(a) Prohibited conduct. Upon declaration that Stage 1 drought conditions are in effect,
mandatory restrictions to prohibit nonessential water use shall become effective. It
shall be unlawful for a person to engage in any one or more of the actslisted
below. No person shall:
(1)Cause or allow the hosing of paved areas, such as sidewalks, driveways,
parking lots, tennis courts, patios, or other impervious surfaces, except to
alleviate an immediate health or safety hazard;
(2) Cause or allow the hosing of buildings or other structures for purposes other
than fire protection or surface preparation prior to painting;
(3) Use water in such a manner as to allow runoff or other waste, including:
(A)Failure to repair a controllable leak, includinga broken sprinkler head, a
leaking valve, leaking or broken pipes, or a leaking faucet, within
twenty-four (24) hours after the leak occurred;
(B)Operating a permanently installed irrigation system with:
(i) A broken head;
(ii)A head that is out of adjustment and the arc of the spray head is
over a street or parking lot; or
(iii)A head that is misting because of high water pressure;
(C)During irrigation, allowing water to:
(i) Run off a property and form a stream of water in a street for a
distance of fifty feet (50') or greater; or
(ii) Pond in a street or parking lot to a depth greater than one-quarter
of an inch;
(4) Cause or allow outdoor watering with sprinklers or irrigation systems between
the hours of 10 a.m. and 6 p.m. daily; or
(5)Cause or allow landscape watering with sprinklers or irrigation systems at any
service address more than two (2) times per week and/or on a day other than
that specified for such service address in the schedule provided below:
(A)Residential addresses ending in an even number (0, 2, 4, 6, or 8) may
water on Wednesdays and Saturdays.
(B)Residential addresses ending in an odd number (1, 3, 5, 7, or 9) may
water on Thursdays and Sundays.
(C)All nonresidential locations (apartment complexes, businesses,
industries, parks, medians, etc.) may water on Tuesdays and Fridays.
This prohibition applies to landscape watering of parks, golf courses,
and sports fields. Notwithstanding the foregoing, commercial customers
are excepted as specifically set forth below.
(6)Cause or allow an irrigationsystem or other lawn watering device to operate
during any form of precipitation or when temperatures are at or below 32
degreesFahrenheit.”
ORD 2017-15Page 5 of 7
Town CouncilPage 24 of 287Meeting Date: July 25, 2017
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting setting
Fee Schedules and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Ordinance has been initiated or has arisen under or
pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed
such remaining portionsof the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
andenroll this Ordinance as required by the Town Charter and state law.
ORD 2017-15Page 6 of 7
Town CouncilPage 25 of 287Meeting Date: July 25, 2017
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED
by the Town Council of the Town of Trophy Club,
Texas, this 25th day of July 2017.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2017-15Page 7 of 7
Town CouncilPage 26 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-305-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Consider and take appropriate action regarding acceptance of the budget adopted by the Crime
Control and Prevention District and ordering a public hearing August 8, 2017 on the budget to be held
in accordance with state law (Staff).
Attachments:Staff Report - CCPD Budget.pdf
Fiscal Year 2017-2018 CCPD Budget.pdf
DateVer.Action ByActionResult
Agenda Item No. 5:
ConsiderandtakeappropriateactionregardingacceptanceofthebudgetadoptedbytheCrimeControlandPrevention
District and ordering a public hearing August 8, 2017 on the budget to be held in accordance with state law (Staff).
Town CouncilPage 27 of 287Meeting Date: July 25, 2017
To: Mayor and Town Council
From:Amber Karkauskas, Finance Director
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
John Zagurski, Budget Manager
Patrick Arata, Police Chief
Re: Schedule CCPD Public Hearing
Town Council Meeting, July 25, 2017
Agenda Item:
Consider and take appropriate action regarding acceptance of the budget adopted by the Crime
Control and Prevention District and ordering a public hearing August 8, 2017 on the budget to
be held in accordance with state law (Staff).
Explanation:
The Crime Control and Prevention District Board held a meeting on July 13, 2017 at 6:00 p.m.
and adopted their Fiscal Year 2017-2018 budget.
Attachments:
Fiscal Year 2017-2018 CCPD Budget
Recommendation:
Staff recommends Council accept the budget adopted by CCPD and order a public hearing on
August 8, 2017.
Town CouncilPage 28 of 287Meeting Date: July 25, 2017
Trophy Club CCPD FiveYear Forecast
FY 17FY 18FY 19FY 20FY 21FY 22
CCPD
EstimateProposedPlanningPlanningPlanningPlanning
Five Year Forecast
Beginning Fund Balance$ 202,403 $ 70,428 $ 70,572 $ 124,954 $ 187,512 $ 267,026
Revenue:
Sales Tax 205,000 209,475 222,663 229,739 236,395 243,245
Interest Revenue 100 100 100 100 100 100
Total Revenue 205,100 209,575 222,763 229,839 236,495 243,345
Expenditures:
Debt Service 149,975 147,431 149,881 151,281 147,481 153,681
Services/Supplies 62,100 35,000 16,500 14,000 7,500 36,500
Capital 125,000 27,000 2,000 2,000 2,000 2,000
Total Expenditures 337,075 209,431 168,381 167,281 156,981 192,181
Net Increase (Decrease) (131,975) 144 54,382 62,558 79,514 51,164
Ending Fund Balance$ 70,428$ 70,572$ 124,954 $ 187,512 $ 267,026 $ 318,190
Fund Balance as % of Expenditures20.89%33.70%74.21%112.09%170.10%165.57%
Town CouncilPage 29 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-306-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Consider and take appropriate action regarding the Fiscal Year 2018 Budget related to Other Funds;
discussion of same (Staff).
Attachments:Fiscal Year 2018 Other Funds.pdf
DateVer.Action ByActionResult
Agenda Item No. 6:
ConsiderandtakeappropriateactionregardingtheFiscalYear2018BudgetrelatedtoOtherFunds;discussionofsame
(Staff).
Town CouncilPage 30 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-307-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Discussion of items for Future Agendas to include agenda items for consideration on the August 8,
2017 Council agenda and items from the Town Council Future Agenda Items list (Staff).
Attachments:August 8, 2017 Upcoming Agenda.pdf
Items for Future Agendas updated 07-12-2017.pdf
DateVer.Action ByActionResult
Agenda Item No. 7:
DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheAugust8,2017Councilagenda
and items from the Town Council Future Agenda Items list (Staff).
Town CouncilPage 55 of 287Meeting Date: July 25, 2017
Meeting Date: August 8, 2017
Regular Session Start Time 7:00 p.m.
Announcements & Reports
No.
Receive Town Manager Class' update regarding the following, discussion and
1Town Mgr
provide input regarding same (Staff):
Receive Town Council Liaison Updates; discussion of same (Staff):
2Town Sec
STAFF
No. ConsentRESORDPROCFile IDDept
RPT
ConsiderandtakeappropriateactionregardingtheTownCouncilRegular
3Town Sec
Session Minutes dated July 11, 2017 (Staff).
ConsiderandtakeappropriateactionregardingtheThirdQuarterInvestment
4Finance
Report for Fiscal Year 2017 (Staff).
Consider and take appropriate action regarding financial and variance report
Finance
5
dated June 2017 (Staff).
Consider and take appropriate action regarding an Interlocal Agreement
between the Town and Northwest Independent School District for School
6Police
Resource Officer services for Fiscal Year 2017-2018; and authorizing the Mayor
or his designee to execute all necessary documents (Staff).
STAFF
No. Public HearingRESORDPROCFile IDDept
RPT
Conduct a Public Hearing regarding the Trophy Club Crime Control and
Prevention District (CCPD) Budget for Fiscal Year 2017-2018 submitted to the
7Finance
Town Council by the CCPD Board (Staff).
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding a Proclamation of the Town
Council recognizing September 2017 as Blood Cancer Awareness Month in
8Town Sec
Trophy Club; and providing an effective date (Mayor Sanders).
Consider and take appropriate action regarding the award of the Depository
Bank Services RFA; and authorizing the Mayor or his designee to execute all
9Finance
necessary documents (Staff).
Receive a presentation from Valley View Consulting regarding Investment
10Finance
Analysis Services for Fiscal Year 2017-2018 Budget General Fund (Staff).
Case SP-AMD-17-001 (Wonderland Plaza)
Discussion and recommendation regarding a request to amend the approved
11Com Dev
Site Plan for Wonderland Plaza, generally located south of Bobcat Boulevard
and approximately 460 feet west of Trophy Club Drive (Staff).
Case PD-AMD-17-003 (Holiday Inn Screening)
12Com Dev
Conduct a Public Hearing regarding a request to amend Ordinance No. 2016-28
P&Z, PD Planned Development District No. 25, to amend the Elevations, and
add Screening Plans and Signage Plans for Holiday Inn on Lot 3R3 of Trophy
A)
Wood Business Center, generally located on the northwest corner of Plaza
Drive and East T.W. King Road (Staff).
Consider and take appropriate action regarding a request to amend Ordinance
No. 2016-28 P&Z, PD Planned Development District No. 25, to amend the
Elevations, and add Screening Plans and Signage Plans for Holiday Inn on Lot
B)
3R3 of Trophy Wood Business Center, generally located on the northwest
corner of Plaza Drive and East T.W. King Road (Staff).
Town CouncilPage 56 of 287Meeting Date: July 25, 2017
Case PD-AMD-17-002 (7-Eleven Signage)
13Com Dev
Conduct a Public Hearing regarding a request to amend Exhibit C of Ordinance
No. 2016-02 P&Z, PD Planned Development District No. 13, generally located
A)
on the northwest corner of SH 114 and Trophy Club Drive (Staff).
Consider and take appropriate action regarding a request to amend Exhibit C
of Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13,
B)
generally located on the northwest corner of SH 114 and Trophy Club Drive
(Staff).
Case O-AMD-17-001 (Tree Houses)
Consider and take appropriate action regarding a request to amend Section
14.02.052, “General Definitions”, Section 14.02.052 entitled “General
Definitions” of Division 2, entitled “Definitions” of Article 14.02 entitled
“Zoning Ordinance” of Chapter 14 entitled, “Zoning” of the Town of Trophy
Club Code of Ordinances to include a definition of “Tree House”; and Amend
Subsections (1)(A)(ii), (1)(A)(v), and (6)(A) of Section 14.02.253 entitled
14Com Dev
“Accessory Structures and Uses” of Division 5, entitled “Supplementary District
Regulations” of Article 14.02 entitled “Zoning Ordinance” of Chapter 14
entitled, “Zoning” of the Town of Trophy Club Code of Ordinances to
incorporate the regulation of Tree Houses; and Repeal Subsection (3)(A) of
Section 14.02.253 entitled “Accessory Structures and Uses” of Division 5,
entitled “Supplementary District Regulations” of Article 14.02 entitled “Zoning
Ordinance” of Chapter 14 entitled, “Zoning” to allow for Tree Houses (Staff).
Town Council Future Agenda Item No. 4 - Open Division 2, Meetings and Rules
of Procedure, of Article 1.03, Town Council, of the Town’s Code of Ordinances.
Town Att
15
(Shoffner 7/11/2017) (1-October 10, 2017)
Discuss and receive an update from Town Staff regarding the Fiscal Year 2018
Finance
16
Budget (Staff).
Consider and take appropriate action regarding a record vote on a not-to-
exceed Fiscal Year 2018 Ad Valorem Tax Rate and to schedule two public
17Finance
hearings to meet Truth in Taxation requirements and/or as required by the
Charter and related matters (Staff).
STAFF
No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept
RPT
Discussion of items for Future Agendas to include agenda items for
consideration on the August 22, 2017 Council agenda and items from the Town
18Town Sec
Council Future Agenda Items list (Staff).
STAFF
No. Executive SessionRESORDPROCFile IDDept
RPT
Pursuant to the following designated section of the Texas Government Code,
Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene
19Town Sec
into executive session to discuss the following:
Section 551.074 Personnel Matters under Subsection (1) to discuss or
deliberate the appointment, employment, evaluation, reassignment, duties,
A)
discipline or dismissal of a public officer or employee:
Town Manager Thomas M. Class Sr. (Town Council)
STAFF
No. Regular SessionRESORDPROCFile IDDept
RPT
Consider and take appropriate action regarding the Executive Session.
20Town Sec
Town CouncilPage 57 of 287Meeting Date: July 25, 2017
Town Council Future Agenda Items List
(Updated 7/12/2017)
1. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the
title for the land that the Annex Building is built on and the maintenance building by the
Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016)(2-May 10, 2016)
(3-August 9, 2016) (4-November 8, 2016)(5-February 14, 2017) (6-May 23, 2017) (7-August
22, 2017)
1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer
regarding the Annex Building.
5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this
item.
8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this
item can remain on the list until the applicable time to deal with it.
9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda,
tentatively for January 2017, with the TCMUD No. 1 Board of Directors.
11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list.
2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council
Retreat.
3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment
Plant to this item.
5/23/2017 - Mayor Sanders advised that his intent was that the Annex Building would be
utilized for Town storage after Staff relocated into the new Town Hall facility
.
2. Discussion of Green Ribbon grants for the beautification along the sound wall on State
Highway 114.(Sanders 3/8/2016) (1-June 14, 2016) (2-September 13, 2016) (3-December
13, 2016) (4-March 14, 2017) (5-September 12, 2017)
6/14/2016 – Mayor Sanders advised that when the sound wall along State Highway 114 is
installed, this item would assist with shrubbery and landscaping through a grant application.
9/13/2016 – Mayor Sanders received consensus to leave this item due to the upcoming
construction of the sound wall. Town Manager Seidel advised that it could be accomplished
through a tri-city partnership with Westlake and Roanoke.
12/13/2016 – Council consensus was to leave this item on the Future Agenda Items list.
3/28/2017 – Mayor Sanders advised that he wanted to pursue moving forward with this
item because this grant greatly assisted with the beautification of Davis Boulevard through
the Town of Westlake.
6/13/2017 – Mayor Sanders requested to delay this item for an update because the
Metroport Cities Partnership was attempting to secure a Regional Green Ribbon Grant for
the beautification of the State Highway 114 corridor through Westlake, Trophy Club, North
Lake, and Roanoke.
3. Staff to review land that: (A) The Town owns for the possibility of residents to acquire the
land; and (B) Is maintained by the Town but not owned. (Lamont 3/28/2017) (1-June 27,
2017)(2-September 26, 2017)
6/27/2017 – Staff provided information on the common areas that are maintained by the
Town. Council directedStaff to draft a proposed course of action to be distributed to Council
and if need be the item could come back for Council’s consideration.
4. Open Division 2,Meetings and Rules of Procedure, of Article 1.03, Town Council, of the
Town’s Code of Ordinances. (Shoffner 7/11/2017) (1-October 10, 2017)
Town CouncilPage 58 of 287Meeting Date: July 25, 2017
Page 1 of 1
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-313-T Version:1 Name:
Type:Agenda Item Status:Executive Session
File created:7/12/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A)Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase,
exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental
effect on the position of the governmental body in negotiations with a third person and Section
551.087 Deliberation regarding Economic Development Negotiations under Subsection (2) to discuss
or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to
have locate within the territory of the Town:
North of Highway 114, east of Trophy Club Drive (Council Member Shoffner and Council Member
Kurtz)
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 8:
PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen
Meetings Act), the Council will convene into executive session to discuss the following:
A)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or
valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe
governmentalbodyinnegotiationswithathirdpersonandSection551.087DeliberationregardingEconomic
DevelopmentNegotiationsunderSubsection(2)todiscussordeliberatetheofferoffinancialorotherincentivestoa
business prospect that the Town seeks to have locate within the territory of the Town:
North of Highway 114, east of Trophy Club Drive (Council Member Shoffner and Council Member Kurtz)
Town CouncilPage 59 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-308-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Review of and take appropriate action regarding the Interlocal Cooperation Agreement for
Administration of Fire Protection Services between the Town of Trophy Club and the Trophy Club
Municipal Utility District No. 1 (Town Council).
Attachments:Staff Report - Interlocal Cooperation Agreement for Admistration of Fire Protection Services.pdf
Interlocal Cooperation Agreement for Administration of Fire Protection Services.pdf
Attachment B - Annual Report April 2017-July 2017.pdf
Vehicle Maintenance and Certification Records.pdf
2016 Building Inspection Records.pdf
2017 Building Inspection Records.pdf
DateVer.Action ByActionResult
Agenda Item No. 9:
ReviewofandtakeappropriateactionregardingtheInterlocalCooperationAgreementforAdministrationofFire
Protection Services between the Town of Trophy Club and the Trophy Club Municipal Utility District No. 1 (Town Council).
Town CouncilPage 60 of 287Meeting Date: July 25, 2017
To: Mayor and Town Council
From:Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Administration of Fire Department Services
Joint Session Meeting, July 25, 2017
Agenda Item:
Review of and take appropriate action regarding the Interlocal Cooperation Agreement for
Administration of Fire Protection Services between the Town of Trophy Club and the Trophy
Club Municipal Utility District No. 1 (Town Council).
Explanation:
The Interlocal Agreement between the Trophy Club Municipal Utility District (TCMUD) No. 1
and the Town of Trophy Club for the Administration of Fire Department Services requires that
the Fire Department provide proof of performance in the form of an annual audit checklist,
Attachment “B”, to ensure the readiness and proper maintenance of TCMUD No. 1 owned
assets. The agreement requires a single report submitted by the Fire Department annually
after the end of the fiscal year. Interim Fire Chief Rick Lasky submitted a preliminary report in
April of 2017. The documentation attached includes an updated Attachment “B” Annual Report
and supportive documentation to be reviewed as part of this agenda item. The final report will
be submitted during the month of October 2017 with subsequent reports being submitted only
on an annual basis.
Attachments:
Interlocal Cooperation Agreement for Administration of Fire Protection Services
Attachment B - Annual Report
Vehicle Maintenance and Certification Records
2016 Building Inspection Records
2017 Building Inspection Records
Town CouncilPage 61 of 287Meeting Date: July 25, 2017
Town CouncilPage 62 of 287Meeting Date: July 25, 2017
Town CouncilPage 63 of 287Meeting Date: July 25, 2017
Town CouncilPage 64 of 287Meeting Date: July 25, 2017
Town CouncilPage 65 of 287Meeting Date: July 25, 2017
Town CouncilPage 66 of 287Meeting Date: July 25, 2017
Town CouncilPage 67 of 287Meeting Date: July 25, 2017
Town CouncilPage 68 of 287Meeting Date: July 25, 2017
Town CouncilPage 69 of 287Meeting Date: July 25, 2017
Town CouncilPage 70 of 287Meeting Date: July 25, 2017
Town CouncilPage 71 of 287Meeting Date: July 25, 2017
Town CouncilPage 72 of 287Meeting Date: July 25, 2017
Town CouncilPage 73 of 287Meeting Date: July 25, 2017
INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
Attachment "B" Annual Report
Town will provide an annual report regarding status and maintenance of fire station,
engine/pumper, brush truck, and ladder truck. Additionally, Town will continue to
meet and/ or exceed the requirements set by the NFPA and TCFP.
(October 1, 2016 July 25, 2017)
**Note: This is an update to the report filed with the TCMUD on April 1, 2017 and includes
required documentation for the final annual report that will be submitted on September 30,
2017. From this point forward only an annual report will be filed as per the ILA.
Submitted by: Fire Chief Wade Carroll
1
Town CouncilPage 74 of 287Meeting Date: July 25, 2017
Attachment "B"
Trophy Club Municipal Utility District No. 1
Fire Department Assets and Operator Practices Annual Audit Checklist
1. Standard Operating Procedures (SOP) Meet or exceed all requirements of Town for
Fire Department.
2. Annual Inspection of all Fire Department Vehicles:
a. Ladder, Pumper and Brush Truck records of maintenance: including a full operational
inspection once a year by a manufacturer approved facility (e. g. Pierce in Denton)
3. Hose annual pressure testing documentation as required by the National Fire Protection
Association standards (NFPA).
4. Air Packs Self Contained Breathing Apparatus (SCBA) as required. Manufacturer guidelines of
the National Fire Protection Association standards (NFPA).
5. Radio communications will be checked and kept current with technology and operational
requirements as appropriate.
6. Training records including all certification documents required per local, state and federal
and National Fire Protection Association standards.
7. Meet or exceed all requirements of fire plan approved by the Texas Commission on
Environmental Quality (TCEQ).
2
Town CouncilPage 75 of 287Meeting Date: July 25, 2017
1. Standard Operating Procedures (SOP)
for Fire Department.
Action:
The Trophy Club Fire Department completed a revision and distributed the departmental
Standard Operating Procedures (SOPs) on July 14, 2017. SOPs were approved by the Town
Manager and SOPs meet or exceed all SOP requirements of the Town for the Fire Department.
The SOPs were distributed using Lexipol and 94% of fire department members have
acknowledged receipt of the SOPs. (one member on vacation) All members have access to the
SOPs on and off duty through the Lexipol system.
______________________________________________________________________________
2. Annual Inspection of all Fire Department Vehicles:
a. Ladder, Pumper and Brush Truck records of maintenance: including a full
operational inspection once a year by a manufacturer approved facility (e. g. Pierce in
Denton)
Action:
All service, repairs and maintenance was performed by Siddons Martin Emergency Group, 3500
Shelby Lane, Denton, Texas 76207. Siddons Martin Emergency Group is the only authorized
sales and service group for the State of Texas for Pierce Fire Apparatus. Siddons Martin
Emergency Group employees are factory trained, EVT and ASE certified technicians.
2015 Pierce Arrow XT HD 105 Ladder Truck (T681) Annual Preventative Maintenance
Major Preventative Maintenance was performed on October 28, 2016 which included a 104
Point Visual Inspection report identifying needed/ recommended repairs. Service performed
included changing engine oil, oil filter, fuel filter, transmission fluid and filter, pump fluid,
coolant filter. A test of coolant, an inspection of the differential fluid, the air dyer, power
steering fluid, a wheel off brake inspection and complete chassis lubrication.
Aerial Device Maintenance was performed which includes cleaning and lubricating all ladder
points. Adjust ladder cables, change filter element, hydraulic filter, and aerial desiccant filter,
top off hydraulic fluid and perform drift test on all cylinders. Operate and inspect all ladder
appliances
Pump Test was performed in accordance with NFPA standards which includes a visual
inspection report identifying needed/ recommended repairs. No issues found.
Foam Maintenance was performed which includes draining foam hydraulic tank, change filter
and check for leaks. Foam to pump connection leak was repaired.
Generator Maintenance was performed which includes hydraulic oil, hydraulic oil filter and
make frequency adjustment.
3
Town CouncilPage 76 of 287Meeting Date: July 25, 2017
T681 Repairs
The Fire Department has maintained the readiness of T681 through daily and weekly inspection
programs that ensure the operability of major vehicle components and identify any repair
needs. Year to date, the fire department has spent $4937.64 in the maintenance and repairs of
the truck. Preventative maintenance and repair invoices are attached.
2007 Pierce Arrow XT Engine/Pumper (E681) Annual Preventative Maintenance
Major Preventative Maintenance was performed on December 13, 2016 which included a 104
Point Visual Inspection report identifying needed/ recommended repairs. Service performed
included changing engine oil, oil filter, fuel filter, transmission fluid and filter, pump fluid,
coolant filter. A test of coolant, an inspection of the differential fluid, the air dyer, power
steering fluid, a wheel off brake inspection and complete chassis lubrication.
The Pump Test was performed in accordance with NFPA standards which includes a visual
inspection report identifying needed/ recommended repairs. Repairs needed and completed
included pump packing leak, discharge valve leak and pump transmission input shaft seal leak.
Compressed Air Foam System Test was performed which included a visual inspection report
identifying needed/ recommended repairs. Service performed included changing hydraulic
filter, foam filter, air filter, compressor oil filter, and oil separator. Hydraulic solenoid leak was
repaired. Foam Maintenance was performed which includes draining foam hydraulic tank,
change filter and check for leaks. Foam to pump connection leak was repaired.
Generator Maintenance was performed which includes engine oil, oil filter, and spark plug.
E681 Repairs
The Fire Department has maintained the readiness of E681 through daily and weekly inspection
programs that ensure the operability of major vehicle components and identify any repair
needs. Year to date, the fire department has spent $19,200.57 in the maintenance and repairs
of the engine. Preventative maintenance and repair invoices are attached.
2011 Ford F550 Brush Truck (B681) Annual Preventative Maintenance
Ford Diesel Multi-Point Inspection was performed on March 14, 2017 by Grapevine Ford.
Service performed included changing engine oil, oil filter, and coolant.
Pump maintenance was performed on October 13, 2016 by Wildfire Truck & Equipment Sales.
Service performed included changing engine oil, oil filter, fuel filter, air filter, fuel primer bulb,
and pre air filter.
B681 repairs
The Fire Department has maintained the readiness of B681 through daily and weekly inspection
programs that ensure the operability of major vehicle components and identify any repair
4
Town CouncilPage 77 of 287Meeting Date: July 25, 2017
needs. Year to date, the fire department has spent $4002.51 in the maintenance and repairs of
the brush truck. Preventative maintenance and repair invoices are attached.
Aerial Ladder and Ground Ladder Testing
Aerial and Ground Ladder testing was performed on February 3, 2017 by CFS Inspections. CFS
Inspections is accredited to the requirements of ISO/ICE 17020 for Aerial and Ground Ladders
and complies with all NFPA standards. All testing was conducted in accordance with NFPA
1911 for aerials and NFPA 1931 for ground ladders. All ladders passed testing.
______________________________________________________________________________
3. Hose annual pressure testing documentation as required by the National Fire Protection
Association standards (NFPA).
Action:
Hose testing was performed on October 20, 2016 by Waterway Inc. Waterway Inc. is ISO 9001
Certified. All hose was tested in accordance with NFPA 1962 and passed.
______________________________________________________________________________
4. Air Packs Self Contained Breathing Apparatus (SCBA) as required. Manufacturer guidelines
of the National Fire Protection Association standards (NFPA).
Action:
SCBA Testing
All SCBA were tested on February 13, 2017 by Municipal Emergency Services (MES). MES is an
authorized sales and service group for the State of Texas for Scott brand SCBA. Testing was
conducted in accordance with NFPA 1852. 13 SCBAs and 2 RIT (Rapid Intervention Team) Paks
were flow tested. One SCBA failed flow testing. Repairs were made to the failed SCBA and said
SCBA passed subsequent testing.
Annual SCBA Mask Fit Testing
SCBA Fit Tests check whether an SCBA facepiece properly fits the face of the Firefighter who
wears it. The fitting characteristic of an SCBA facepiece is the ability of the mask to separate a
Firefighter's respiratory system from ambient air during physical activity.
The fire department purchased and received new SCBA masks on April 28, 2017. The new
masks have been put in service and fit testing for all employees are scheduled for August 1,
2017. All masks received an informal seal test by each firefighter at time of issuance.
SCBA Air Fill Cascade System
Cascade System preventative maintenance was performed on March 9, 2017 by August
Industries Inc. August Industries Inc. is an authorized sales and service center for Bauer
Cascade System for the State of Texas. Service performed included changing the oil, oil filter,
air intake element, secures cartridge, o-ring, and a before and after service air test. Quarterly
air testing is performed by August Industries Inc. in accordance with the Texas Commission on
5
Town CouncilPage 78 of 287Meeting Date: July 25, 2017
Fire Protection (TCFP) and NFPA 1989 and was performed on the following dates; December 13,
2016, March 9, 2017, March 9, 2017, June 27, 2017.
______________________________________________________________________________
5. Radio communications will be checked and kept current with technology and operational
requirements as appropriate.
Action:
All radio communications equipment utilized by the Trophy Club Fire Department is current and
operational. No radios have been found to be in need of repair.
______________________________________________________________________________
6. Training records including all certification documents required per local, state and federal
and National Fire Protection Association standards.
Action:
All training records for Trophy Club Fire Department personnel including certifications are
current, recorded in our records management system and in accordance with local, state,
federal and National Fire Protection Association standards.
certifications are current and a listing of certification renewal dates is attached.
______________________________________________________________________________
7. Meet or exceed all requirements of fire plan approved by the Texas Commission on
Environmental Quality (TCEQ).
Action:
The Trophy Club Fire Department fire plan meets and exceeds the requirements set by the
Texas Commission on Environmental Quality.
After contacting Daniel Harrison, Natural Resource Specialist, at the TCEQ on April 13, 2017 it
will require a copy of the ILA. The ILA r
requirement that the fire department is bound by the rules, regulations and standards set by
the Texas Commission o
with the TCEQ. TCEQ Fire Plans is a requirement for Districts that have the sole responsibility
for managing a fire department.
______________________________________________________________________________
Fire Station Safety Inspection Program
Beginning in November of 2016 the Trophy Club Fire Department implemented a Fire Station
Safety Inspection Program. This program ensures that the Fire Station is inspected monthly.
6
Town CouncilPage 79 of 287Meeting Date: July 25, 2017
The Fire Station Safety Inspection Program consists of a 48 point inspection that is completed
before the end of each month. Any repairs, hazards and/or deficiencies are addressed to
ensure a safe working environment for fire department employees and visitors. The
inspections include identifying routing safety hazards, all NFPA/IFC commercial business
required life safety codes and the proper functioning of all the building systems.
The program is designed to reduce unnecessary repairs and/or injuries. Repairs noted on the
last page (Exception November where none were noted) are addressed by fire personnel
assigned to buildings and grounds maintenance.
A copy of the Fire Station Safety Inspection form is kept on the Safety Bulletin Board located in
the Day Room/ Kitchen area of the Fire Station. Inspections performed from November
through the end of June are attached.
Attachments:
1.Vehicle Maintenance Invoices
2.Aerial Ladder Testing Certificate
3.Ground Ladder Testing Certificate
4.Hose Testing Certificate
5.Air Pack Testing
6.Cascade System Annual Maintenance
7.Cascade System Air Quality Testing
8.Training Certifications Expiration Dates
9.Monthly Station Safety Inspections
7
Town CouncilPage 80 of 287Meeting Date: July 25, 2017
Town CouncilPage 81 of 287Meeting Date: July 25, 2017
Town CouncilPage 82 of 287Meeting Date: July 25, 2017
Town CouncilPage 83 of 287Meeting Date: July 25, 2017
Town CouncilPage 84 of 287Meeting Date: July 25, 2017
Town CouncilPage 85 of 287Meeting Date: July 25, 2017
Town CouncilPage 86 of 287Meeting Date: July 25, 2017
Town CouncilPage 87 of 287Meeting Date: July 25, 2017
Town CouncilPage 88 of 287Meeting Date: July 25, 2017
Town CouncilPage 89 of 287Meeting Date: July 25, 2017
Town CouncilPage 90 of 287Meeting Date: July 25, 2017
Town CouncilPage 91 of 287Meeting Date: July 25, 2017
Town CouncilPage 92 of 287Meeting Date: July 25, 2017
Town CouncilPage 93 of 287Meeting Date: July 25, 2017
Town CouncilPage 94 of 287Meeting Date: July 25, 2017
Town CouncilPage 95 of 287Meeting Date: July 25, 2017
Town CouncilPage 96 of 287Meeting Date: July 25, 2017
Town CouncilPage 97 of 287Meeting Date: July 25, 2017
Town CouncilPage 98 of 287Meeting Date: July 25, 2017
Town CouncilPage 99 of 287Meeting Date: July 25, 2017
Town CouncilPage 100 of 287Meeting Date: July 25, 2017
Town CouncilPage 101 of 287Meeting Date: July 25, 2017
Town CouncilPage 102 of 287Meeting Date: July 25, 2017
Town CouncilPage 103 of 287Meeting Date: July 25, 2017
Town CouncilPage 104 of 287Meeting Date: July 25, 2017
Town CouncilPage 105 of 287Meeting Date: July 25, 2017
Town CouncilPage 106 of 287Meeting Date: July 25, 2017
Town CouncilPage 107 of 287Meeting Date: July 25, 2017
Town CouncilPage 108 of 287Meeting Date: July 25, 2017
Town CouncilPage 109 of 287Meeting Date: July 25, 2017
Town CouncilPage 110 of 287Meeting Date: July 25, 2017
Town CouncilPage 111 of 287Meeting Date: July 25, 2017
Town CouncilPage 112 of 287Meeting Date: July 25, 2017
Town CouncilPage 113 of 287Meeting Date: July 25, 2017
Town CouncilPage 114 of 287Meeting Date: July 25, 2017
Town CouncilPage 115 of 287Meeting Date: July 25, 2017
Town CouncilPage 116 of 287Meeting Date: July 25, 2017
Town CouncilPage 117 of 287Meeting Date: July 25, 2017
Town CouncilPage 118 of 287Meeting Date: July 25, 2017
Town CouncilPage 119 of 287Meeting Date: July 25, 2017
Town CouncilPage 120 of 287Meeting Date: July 25, 2017
Town CouncilPage 121 of 287Meeting Date: July 25, 2017
Town CouncilPage 122 of 287Meeting Date: July 25, 2017
Town CouncilPage 123 of 287Meeting Date: July 25, 2017
Town CouncilPage 124 of 287Meeting Date: July 25, 2017
Town CouncilPage 125 of 287Meeting Date: July 25, 2017
Town CouncilPage 126 of 287Meeting Date: July 25, 2017
Town CouncilPage 127 of 287Meeting Date: July 25, 2017
Town CouncilPage 128 of 287Meeting Date: July 25, 2017
Town CouncilPage 129 of 287Meeting Date: July 25, 2017
Town CouncilPage 130 of 287Meeting Date: July 25, 2017
Town CouncilPage 131 of 287Meeting Date: July 25, 2017
Town CouncilPage 132 of 287Meeting Date: July 25, 2017
Town CouncilPage 133 of 287Meeting Date: July 25, 2017
Town CouncilPage 134 of 287Meeting Date: July 25, 2017
Town CouncilPage 135 of 287Meeting Date: July 25, 2017
Town CouncilPage 136 of 287Meeting Date: July 25, 2017
Town CouncilPage 137 of 287Meeting Date: July 25, 2017
Town CouncilPage 138 of 287Meeting Date: July 25, 2017
Town CouncilPage 139 of 287Meeting Date: July 25, 2017
Town CouncilPage 140 of 287Meeting Date: July 25, 2017
Town CouncilPage 141 of 287Meeting Date: July 25, 2017
Town CouncilPage 142 of 287Meeting Date: July 25, 2017
Town CouncilPage 143 of 287Meeting Date: July 25, 2017
Town CouncilPage 144 of 287Meeting Date: July 25, 2017
Town CouncilPage 145 of 287Meeting Date: July 25, 2017
Town CouncilPage 146 of 287Meeting Date: July 25, 2017
Town CouncilPage 147 of 287Meeting Date: July 25, 2017
Town CouncilPage 148 of 287Meeting Date: July 25, 2017
Town CouncilPage 149 of 287Meeting Date: July 25, 2017
Town CouncilPage 150 of 287Meeting Date: July 25, 2017
Town CouncilPage 151 of 287Meeting Date: July 25, 2017
Town CouncilPage 152 of 287Meeting Date: July 25, 2017
Town CouncilPage 153 of 287Meeting Date: July 25, 2017
Town CouncilPage 154 of 287Meeting Date: July 25, 2017
Town CouncilPage 155 of 287Meeting Date: July 25, 2017
Town CouncilPage 156 of 287Meeting Date: July 25, 2017
Town CouncilPage 157 of 287Meeting Date: July 25, 2017
Town CouncilPage 158 of 287Meeting Date: July 25, 2017
Town CouncilPage 159 of 287Meeting Date: July 25, 2017
Town CouncilPage 160 of 287Meeting Date: July 25, 2017
Town CouncilPage 161 of 287Meeting Date: July 25, 2017
Town CouncilPage 162 of 287Meeting Date: July 25, 2017
Town CouncilPage 163 of 287Meeting Date: July 25, 2017
Town CouncilPage 164 of 287Meeting Date: July 25, 2017
Town CouncilPage 165 of 287Meeting Date: July 25, 2017
Town CouncilPage 166 of 287Meeting Date: July 25, 2017
Town CouncilPage 167 of 287Meeting Date: July 25, 2017
Town CouncilPage 168 of 287Meeting Date: July 25, 2017
Town CouncilPage 169 of 287Meeting Date: July 25, 2017
Town CouncilPage 170 of 287Meeting Date: July 25, 2017
Town CouncilPage 171 of 287Meeting Date: July 25, 2017
Town CouncilPage 172 of 287Meeting Date: July 25, 2017
Town CouncilPage 173 of 287Meeting Date: July 25, 2017
Town CouncilPage 174 of 287Meeting Date: July 25, 2017
Town CouncilPage 175 of 287Meeting Date: July 25, 2017
Town CouncilPage 176 of 287Meeting Date: July 25, 2017
Town CouncilPage 177 of 287Meeting Date: July 25, 2017
Town CouncilPage 178 of 287Meeting Date: July 25, 2017
Town CouncilPage 179 of 287Meeting Date: July 25, 2017
Town CouncilPage 180 of 287Meeting Date: July 25, 2017
Town CouncilPage 181 of 287Meeting Date: July 25, 2017
Town CouncilPage 182 of 287Meeting Date: July 25, 2017
Town CouncilPage 183 of 287Meeting Date: July 25, 2017
Town CouncilPage 184 of 287Meeting Date: July 25, 2017
Town CouncilPage 185 of 287Meeting Date: July 25, 2017
Town CouncilPage 186 of 287Meeting Date: July 25, 2017
Town CouncilPage 187 of 287Meeting Date: July 25, 2017
Town CouncilPage 188 of 287Meeting Date: July 25, 2017
Town CouncilPage 189 of 287Meeting Date: July 25, 2017
Town CouncilPage 190 of 287Meeting Date: July 25, 2017
Town CouncilPage 191 of 287Meeting Date: July 25, 2017
Town CouncilPage 192 of 287Meeting Date: July 25, 2017
Town CouncilPage 193 of 287Meeting Date: July 25, 2017
Town CouncilPage 194 of 287Meeting Date: July 25, 2017
Town CouncilPage 195 of 287Meeting Date: July 25, 2017
Town CouncilPage 196 of 287Meeting Date: July 25, 2017
Town CouncilPage 197 of 287Meeting Date: July 25, 2017
Town CouncilPage 198 of 287Meeting Date: July 25, 2017
Town CouncilPage 199 of 287Meeting Date: July 25, 2017
Town CouncilPage 200 of 287Meeting Date: July 25, 2017
Town CouncilPage 201 of 287Meeting Date: July 25, 2017
Town CouncilPage 202 of 287Meeting Date: July 25, 2017
Town CouncilPage 203 of 287Meeting Date: July 25, 2017
Town CouncilPage 204 of 287Meeting Date: July 25, 2017
Town CouncilPage 205 of 287Meeting Date: July 25, 2017
Town CouncilPage 206 of 287Meeting Date: July 25, 2017
Town CouncilPage 207 of 287Meeting Date: July 25, 2017
Town CouncilPage 208 of 287Meeting Date: July 25, 2017
Town CouncilPage 209 of 287Meeting Date: July 25, 2017
Town CouncilPage 210 of 287Meeting Date: July 25, 2017
Town CouncilPage 211 of 287Meeting Date: July 25, 2017
Town CouncilPage 212 of 287Meeting Date: July 25, 2017
Town CouncilPage 213 of 287Meeting Date: July 25, 2017
Town CouncilPage 214 of 287Meeting Date: July 25, 2017
Town CouncilPage 215 of 287Meeting Date: July 25, 2017
Town CouncilPage 216 of 287Meeting Date: July 25, 2017
Town CouncilPage 217 of 287Meeting Date: July 25, 2017
Town CouncilPage 218 of 287Meeting Date: July 25, 2017
Town CouncilPage 219 of 287Meeting Date: July 25, 2017
Town CouncilPage 220 of 287Meeting Date: July 25, 2017
Town CouncilPage 221 of 287Meeting Date: July 25, 2017
Town CouncilPage 222 of 287Meeting Date: July 25, 2017
Town CouncilPage 223 of 287Meeting Date: July 25, 2017
Town CouncilPage 224 of 287Meeting Date: July 25, 2017
Town CouncilPage 225 of 287Meeting Date: July 25, 2017
Town CouncilPage 226 of 287Meeting Date: July 25, 2017
Town CouncilPage 227 of 287Meeting Date: July 25, 2017
Town CouncilPage 228 of 287Meeting Date: July 25, 2017
Town CouncilPage 229 of 287Meeting Date: July 25, 2017
Town CouncilPage 230 of 287Meeting Date: July 25, 2017
Town CouncilPage 231 of 287Meeting Date: July 25, 2017
Town CouncilPage 232 of 287Meeting Date: July 25, 2017
Town CouncilPage 233 of 287Meeting Date: July 25, 2017
Town CouncilPage 234 of 287Meeting Date: July 25, 2017
Town CouncilPage 235 of 287Meeting Date: July 25, 2017
Town CouncilPage 236 of 287Meeting Date: July 25, 2017
Town CouncilPage 237 of 287Meeting Date: July 25, 2017
Town CouncilPage 238 of 287Meeting Date: July 25, 2017
Town CouncilPage 239 of 287Meeting Date: July 25, 2017
Town CouncilPage 240 of 287Meeting Date: July 25, 2017
Town CouncilPage 241 of 287Meeting Date: July 25, 2017
Town CouncilPage 242 of 287Meeting Date: July 25, 2017
Town CouncilPage 243 of 287Meeting Date: July 25, 2017
Town CouncilPage 244 of 287Meeting Date: July 25, 2017
Town CouncilPage 245 of 287Meeting Date: July 25, 2017
Town CouncilPage 246 of 287Meeting Date: July 25, 2017
Town CouncilPage 247 of 287Meeting Date: July 25, 2017
Town CouncilPage 248 of 287Meeting Date: July 25, 2017
Town CouncilPage 249 of 287Meeting Date: July 25, 2017
Town CouncilPage 250 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-309-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Consider and take appropriate action regarding the Fire Protection Services Fiscal Year 2017-2018
budget (Town Council).
Attachments:Fire Protection Services Fiscal Year 2017-2018 Budget.pdf
DateVer.Action ByActionResult
Agenda Item No. 10:
ConsiderandtakeappropriateactionregardingtheFireProtectionServicesFiscalYear2017-2018budget(Town
Council).
Town CouncilPage 251 of 287Meeting Date: July 25, 2017
FUNDDEPARTMENT
01 GENERAL FUND256 FIRE
LINE ITEM DETAIL
LINE ITEMSFY 2017 BUDGET
$ 551,224$ 558,792
50100 SALARIES - REGULAR
50,237 50,122
50130 SALARIES - OVERTIME
5,618 5,879
50140 SALARIES - LONGEVITY
- -
50145 SALARIES - STIPEND
5,400 4,950
50160 SALARIES - CERTIFICATION
80,434 81,248
51200 RETIREMENT
68,414 85,723
51210 MEDICAL INSURANCE
4,797 4,285
51215 DENTAL INSURANCE
479 433
51216 VISION INSURANCE
3,684 3,746
51218 LIFE INSURANCE AND OTHER
37,974 37,565
52220 SOCIAL SECURITY TAXES
8,881 8,785
52225 MEDICARE TAXES
1,467 1,424
52250 UNEMPLOYMENT TAXES
9,969 10,139
52260 WORKMAN'S COMPENSATION
8,785 4,600
52290 PRE-EMPLOYMENT PHYSICALS/TESTING
1,300 5,075
53240 TUITION REIMBURSEMENT
$ $
PERSONNEL TOTAL
$ 6,600$ -
60100 PROFESSIONAL OUTSIDE SERVICES
2,506 6,943
60800 SOFTWARE AND SUPPORT
500 500
63200 ADVERTISING
495 250
63250 PRINTING
7,880 15,670
63551 SCHOOLS AND TRAINING
6,673 8,140
64000 ELECTRICITY
1,200 4,648
64100 WATER
50 -
64300 TELEPHONE
10,851 13,245
64400 COMMUNICATIONS /PAGERS/MOBILES
16,513 -
65000 INSURANCE
12,000 16,750
65200 BUILDING MAINTENANCE
20,000 46,000
65300 VEHICLE MAINTENANCE
23,370 17,240
65350 EQUIPMENT MAINTENANCE
1,000 1,000
66250 EMERGENCY MANAGEMENT
5,700 2,723
66500 DISPATCH - DENTON COUNTY
15,582 19,295
68100 DUES AND MEMBERSHIP
3,050 3,500
68190 FLAGS AND REPAIRS
4,081 7,066
68200 TRAVEL AND PER DIEM
- -
68700 SAFETY PROGRAM
500 -
69110 INSPECTION FEES
500 250
70100 OFFICE SUPPLIES
- 1,400
70200 PRINTER SUPPLIES
50 50
70300 POSTAGE
350 350
70400 PUBLICATIONS/BOOKS/SUBSCRIPTIONS
21,111 13,613
71000 FUEL
31,140 6,687
72100 UNIFORMS
- -
72220 PHARMACY
- 30, 200
72300 SAFETY EQUIPMENT/PROTECTIVE CLOTHING
17,050 5,000
78400 SMALL EQUIPMENT
750 1,100
78600 HARDWARE
1,500 1,500
79100 MAINTENANCE SUPPLIES
1,000 6,000
79999 MISCELLANEOUS EXPENSE
45,836 -
83700 CAPITAL EXPENSES
7,500 13,750
87100 PROGRAMS AND SPECIAL PROJECTS
$ $
SERVICES/SUPPLIES TOTAL
01-256 TOTAL$ $
Town CouncilPage 252 of 287Meeting Date: July 25, 2017
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-310-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Receive an update from Fire Chief Wade Carroll regarding the Fire Department’s Standard Operating
Procedures (Town Council).
Attachments:Staff Report - Fire Department Standard Operating Procedures.pdf
Lexipol Policy Upload.pdf
Policy Acknowledgement Report.pdf
DateVer.Action ByActionResult
Agenda Item No. 11:
ReceiveanupdatefromFireChiefWadeCarrollregardingtheFireDepartment’sStandardOperatingProcedures(Town
Council).
Town CouncilPage 253 of 287Meeting Date: July 25, 2017
To: Mayor and Town Council
From:Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Fire Department Standard Operating Procedures
Joint Session Meeting, July 25, 2017
Agenda Item:
Receive an update from Fire Chief Wade Carroll regarding the Fire Department’s Standard
Operating Procedures (Town Council).
Explanation:
The Interlocal Agreement between the Trophy Club Municipal Utility District No. 1 and the
Town of Trophy Club for the administration of the Fire Department per Attachment “B”
requires that the Fire Department “Meet or exceed all requirements of the Town SOP’s for the
Fire Department.” The Fire Department completed the revision of its SOP’s on July 14, 2017
and were approved by the Town Manager as meeting all requirements of the Town. SOP’s
were posted and disseminated to all Fire Department employees through the Lexipol system on
July 14, 2017 and a report was run within the system to ensure that all employees received and
acknowledged the approved SOP’s. As of July 19th, 93% of personnel have acknowledged
and one
receipt of the revised SOPs. (14 of 15 current members, one on vacation since the 14th
open firefighter position).
Attachments:
Lexipol Policy Upload
Policy Acknowledgement Report
Town CouncilPage 254 of 287Meeting Date: July 25, 2017
2017
25,
July
Date:
Meeting
287
of
255
Page
Council
Town
Acknowledgement Date АΉЊБΉЋЉЊААΉЊВΉЋЉЊААΉЊЎΉЋЉЊААΉЊБΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊАΉЋЉЊААΉЊЍΉЋЉЊААΉЊАΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊБΉЋЉЊААΉЊАΉЋЉЊААΉЊЎΉЋЉЊА Acknowledgement Date
2017
25,
July
Date:
Meeting
АΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊААΉЊЍΉЋЉЊА
Issue DateIssue Date
ƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ
/ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ
CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {htƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ ЋЉЊА {ht
Policy TitlePolicy Title
Policy Number ЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍЊЉЍ Policy Number ЊЉЍ
287
of
256
Page
ƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ
tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ
/ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ
tƚƌźĭǤ ağƓǒğƌƩƚƦŷǤ /ƌǒĬ CźƩĻ 5ĻƦğƩƷƒĻƓƷ tƚƌźĭǤ ağƓǒğƌ
Ackknowledged Policy Updates Report
Unacknowledged Policy Updates
ManualManual
Last NameLast Name
{ƷƚĭƉƭƷƩƚƒ
CźƷǩŭĻƩğƌķ
{ğƒƦƭƚƓ
ğĭƉĻƷƷ
DğƩƩĻƷƷ
/ğƩƩƚƌƌ
tĻƷĻƩƭ
IğƩķƭ
9ǝğƓƭ
{ƒźƷŷ
{źƦĻƭ
.ƚƚƭ
IǒƩķ
wǒƭƉ
.ĻĭƉ
First NameFirst Name
ağƷƷŷĻǞ
{ŷğƓĻ
5ƚƓƓźĻ
5ǒƭƷĻƓ
{ŷğǞƓ
ğķĻ
WǒƭƷźƓ
{ƷĻǝĻ
.ƩźğƓ
DƩĻŭ
DğƩǤ
{ğƩğ
Yğƌƚ
9Ʃźĭ
wğǤ
ƷǣŅЉЉЍΏƭƭƷƚĭƉƭƷƩƚƒ
ƷǣŅЉЉЍΏƩŅźƷǩŭĻƩğƌķ
ƷǣŅЉЉЍΏĻƭğƒƦƭƚƓ
Council
ƷǣŅЉЉЍΏƒƷğĭƉĻƷƷ
ƷǣŅЉЉЍΏǞĭğƩƩƚƌƌ
ƷǣŅЉЉЍΏƭŭğƩƩĻƷƷ
ƷǣŅЉЉЍΏĬƦĻƷĻƩƭ
ƷǣŅЉЉЍΏƉĻǝğƓƭ
ƷǣŅЉЉЍΏķŷğƩķƭ
ƷǣŅЉЉЍΏŭƭźƦĻƭ
ƷǣŅЉЉЍΏŭĬƚƚƭ
ƷǣŅЉЉЍΏƆƭƒźƷŷ
ƷǣŅЉЉЍΏķŷǒƩķ
ƷǣŅЉЉЍΏƭĬĻĭƉ
ƷǣŅЉЉЍΏƭƩǒƭƉ
Town
User NameUser Name
Town of Trophy Club 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2017-311-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:7/11/2017 In control:Town Council
On agenda:7/25/2017 Final action:
Title:Consider and take appropriate action regarding an Amendment to Section 7.1, Retail Customer
Charge, Subsection (a) of the Amended and Restated Contract for Wholesale Water Supply and
Wastewater Treatment Services and Water and Wastewater Operational Services (Mayor Sanders
and Council Member Shoffner).
Attachments:Revised - Amended Wholesale Water Supply and Wastewater Treatment Services Contract.pdf
DateVer.Action ByActionResult
Agenda Item No. 12:
ConsiderandtakeappropriateactionregardinganAmendmenttoSection7.1,RetailCustomerCharge,Subsection(a)of
theAmendedandRestatedContractforWholesaleWaterSupplyandWastewaterTreatmentServicesandWaterand
Wastewater Operational Services (Mayor Sanders and Council Member Shoffner).
Town CouncilPage 257 of 287Meeting Date: July 25, 2017
AMENDED AND RESTATED CONTRACT FOR WHOLESALE WATER
SUPPLY AND WASTEWATER TREATMENT SERVICES AND WATER AND
WASTEWATER OPERATIONAL SERVICES
This Amended and Restated Contract for Wholesale Water Supply and
Wastewater Treatment Services andWater and Wastewater Operations Services
(“Contract”) is entered into as of ___________ , 20142017 (the “Effective Date”)
between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality
Town
locatedin Denton and Tarrant Counties (hereinafter “”) and TROPHY
CLUB MUNICIPAL UTILITY DISTRICTNO. 1, a conservation and reclamation
Districtof the State of Texas in Denton and Tarrant Counties created and
operating pursuant to Chapters 49 and 54 of the Texas Water Code(hereinafter
MUD
“”).
Recitals
WHEREAS
,MUDcurrentlysupplies retailwater and wastewater services
to those customers located within the corporate boundaries of MUD; and
WHEREAS
, Town currently provideswater and wastewater services to a
certain portion of property located within the territorial boundaries of Town which
property is not located within the boundaries of MUDnor is provided retail water
or wastewater services therefrom, hereinafter referred to as the “Property” and
Exhibit “A”
more fully described in ; and
WHEREAS
,Town and MUDpreviously entered into the following
contracts providing for the provision of wholesale water and wastewater services,
and contract operation services, by MUD to Town: (i) “Contract for Water Supply
and Wastewater Treatment”dated November 20, 2007, as amended by that
certain “First Modification of Contract for Water Supply and Wastewater
Treatment” dated July 7, 2008(hereafter, the “2007 Wholesale Contract”); and
(ii) “Contract for Water and Wastewater Operational Services” dated November
12, 2007as subsequently amended on July 7, 2008 and November 19, 2013
(hereafter, the “2007 Operations Contract”);
WHEREAS
,Town and MUD desire to amend and restate the 2007
Wholesale Contract and to terminate the 2007 Operations Contract;
WHEREAS
,the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, et seq., as amended (the “Act”) provides authority for governmental
entities of the State of Texas to enter into interlocal contracts with each other
regarding governmental functions and services as set forth in the Act; and
WHEREAS
,the provision of wholesale waterand wastewater services by
MUD to Town, and the provision of operational services by MUD to Town, are
Page 1 of 28
Town CouncilPage 258 of 287Meeting Date: July 25, 2017
valid governmental functionsnecessary for the public health, safety and welfare
for which an interlocal contractis allowed pursuant to the Act; and
WHEREAS
, each Party hereto paying for the performance of
governmental functions or services shall make such payments from current
revenues legally available to the paying Party and each Party hereby finds and
agrees that it is fairly compensated for the services or functions performed under
the terms of this Contract.
NOW, THEREFORE
, Town and MUD, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
1.1Incorporation of Recitals.
The foregoing recitals are agreed upon and
incorporated herein as a part of this Contract.
1.2Definitions.
Unless the content indicates others, the following words used
in this Contract shall have the following meanings:
2007 Operations Contractmeans that certain “Contract for Water and
Wastewater Operational Services” dated November 12, 2007 entered into by
MUD and Town, as subsequently amendedon July 7, 2008 and November 19,
2013.
2007 Wholesale Contractmeans that certain “Contract for Water Supply
and Wastewater Treatment” dated November 20, 2007”, as amended by that
certain “First Modification of Contract for Water Supply and Wastewater
Treatment” dated July 7, 2008 entered into by Town and MUD, as amended.
Annual Capital Improvements and Maintenance Chargehas the meaning
set outin Section 7.2.
Annual Debt Service Requirementhas the meaning set outin Section 7.2.
Certified Assessed Valuationmeans the most current certified assessed
valuation from the County Tax-Assessor collector as of August 1 of a calendar
year.
Commissionor TCEQmeans the Texas Commission on Environmental
Quality and any successor or successors exercising any of its duties and
functions.
Emergencymeans a sudden unexpected happening; an unforeseen
occurrence or condition; exigency; pressing necessity; or a relatively permanent
Page 2 of 28
Town CouncilPage 259 of 287Meeting Date: July 25, 2017
condition or insufficiency of service or of facilities resulting from causes outside of
the reasonable control of MUD. The term includes Force Majeure and acts of
third parties that cause the MUD WaterSystem or MUD Wastewater System to
be unable to provide the Wholesale Water Servicesor Wholesale Wastewater
services agreed to be provided herein.
EPAmeans the Environmental Protection Agency and any successor or
successors exercising any of its duties and functions.
Fort Worth Impact Feemeans the charge imposed by Fort Worth pursuant
to Chapter 395 of the Local Government Code under the Fort WorthWater
Contract.
Fort Worth Water Contract means the Contract for Water Service Between
the City of Fort Worth, Texas, and Trophy Club Municipal Utility MUD No. 1,
dated November 16, 2010, as amended.
Infiltration and Inflowmeans water that enters a wastewater collection
system through physical defects in the system or from other point sources.
MUD means Trophy Club Municipal Utility District No. 1.
MUD Wastewater Systemmeans the wastewater collection lines, lift
stations, pipes, valves, meters, pumps, motors, treatment plant, effluent
discharge lines, and other facilities, equipment and appurtenances thereto owned
or controlled by the MUD,and any expansions, improvements, enlargements,
additions and replacements thereto.
MUD Water Systemmeans the water supply, treatment, storage,
transmission, pumping and distribution system of the MUD and appurtenances
thereto, and any expansions, improvements, enlargements, additions and
replacements thereto.
Operations Services has the meaning set out in Section 5.2.
Parties or Partyshall mean either one or more of MUDor Town or both,
as the context provides.
Permit means Permit No. WQ0011593-001 held by MUD authorizing the
treatment and disposal of treated wastewater effluent.
Person(s) means an individual, corporation, partnership, association, joint
venture or any other third party legal entity.
Points of Connection of Wastewatermeans that point or points where
Town Wastewater Collection System connects to MUD’s Wastewater System.
Page 3 of 28
Town CouncilPage 260 of 287Meeting Date: July 25, 2017
Points of Connection of Watermeans that point or points where Town
Water System connects to MUD’s Water System.
Property means the approximately 609-acre tract of land located within the
Exhibit “A”
corporate boundaries of Town shown in the attached .
Retail Customer Chargehas the meaning set forth in Section 7.1.
Townmeans the Town of Trophy Club, Texas, a home-rule municipality
located in Denton and Tarrant Counties, Texas, and all land included within the
territorial limits and extraterritorial jurisdiction of Town, at Town’s creation and
thereafter annexed from time to time.
Town Customers means any Person(s) residing within the Property and
who have the right to receive, who contract to receive or otherwise are receiving
Water and/or Wastewater Services from Town Water Distribution System and/or
Town Wastewater Collection System.
Town Rate Ordermeans anorder adopted by Townsetting out the rates
and fees for retail water and wastewater servicesfor Town Customers, including
without limitation administrative fees, customer deposits, usage rates, late
charges, returned check fees, disconnect fees, meter re-read fees, and after-
hours service fees,and any Town Surcharge.
Town Surchargehas the meaning set forth in Section 7.1(d).
Town Wastewater Collection Systemmeans the Wastewater system
constructed andowned by Town for the collection of Wastewater received from
Town Customers, ending at the Pointsof Connection of Wastewater.
Town Water Distribution Systemmeans the water distribution system
constructed and owned by Town for the distribution of potable water received
from MUDto Town Customers, beginning at the Points of Connection of Water,
including any elevated storage tanks and pumping facilities. The Town Water
Distribution System shall not include any Wells.
Utility Feehas the meaning set outin Section 7.4.
Utility Fee Remainderhas the meaning set out in Section 7.4.
Wastewatermeans the water-carried wastes, exclusive of ground,
surface, and storm waters, normally discharged from the sanitary conveniences
of dwellings, including apartment houses, hotels, offices buildings and
institutions, of a domestic, not industrial, nature, and that meets the requirements
of this Contract.
Page 4 of 28
Town CouncilPage 261 of 287Meeting Date: July 25, 2017
Water or Water Supply means potable water that meets federal and state
standards for consumption by humans.
Wellsmeans any and all potable water wells that may be constructed
within the Property or for the benefit of the Property by Town or its designee.
Wholesale Wastewater Servicesmeans the wholesale wastewater
treatment and disposal services provided by MUDin accordance with the terms
and conditions of this Contract in receiving, treating, testing, and disposing of
Wastewater from Town Wastewater Collection System in accordance with this
Contract.
Wholesale Water Services means the wholesale services provided by
MUD in furnishing a wholesale supply of Water to Town at the Points of
Connection of Water.
1.3Exhibits.
The following Exhibits attached to this Contract are hereby
made a part of the Contract as though fully incorporated herein:
Exhibit “A”
- The Property
Exhibit “B”
- Points of Connection of Water and Wastewater
ARTICLE II.
EFFECT ON PRIOR CONTRACTS
2.12007 Operations Contract.
As of the Effective Date, the 2007
Operations Contract shall terminate for all purposes; provided, however, the
terms and conditions set forth therein relating to payment by Town to MUD for
services shall remain in effect until such time as MUD commences collection of
the Retail Customer Charge under this Contract.
2.22007 Wholesale Contract.
As of the Effective Date, the 2007 Wholesale
Contract shall be amended and restated by this Contract.
2.3Prior Revenues
. MUDshall be entitled to collect and retain all revenues
for any and all water and wastewater services rendered to Town Customers prior
to the EffectiveDatepursuant to the 2007 Operations Contract and 2007
Wholesale Contract, including any such revenues received after the Effective
Date.The Parties agree that it is their mutual intent that the MUD shall continue
to receive all payments under the 2007 Operations Contract and 2007 Wholesale
Contract until such time as any payments under this Contract can be collected in
lieu thereof.
Page 5 of 28
Town CouncilPage 262 of 287Meeting Date: July 25, 2017
ARTICLE III.
WHOLESALE WATER SERVICES
3.1Points of Connection of Water.
MUD shall deliver a wholesale supply of
Water to Town Water Distribution System at the existing Points of Connection of
Water. Any additional Points of Connection of Water must be at locations
mutually agreed upon in writingby the Parties.
3.2Quantity of Wholesale Water Services.
Subject to the terms of this
Contract,MUDagrees to purchase and transport to Town a supply of Water: (i)
in a quantity that meets all regulatory requirements for public water systems
applicable to the provisionof retail water service by Town to Town Customers
located within the Property; and (ii) to be made available according to the same
terms, conditionsand limitations thatMUD furnishes a supply of Waterto its retail
customers. MUD agrees that, for purposes of compliance with 30 Texas
Administrative CodeSec. 290.45(f), the maximum authorized daily purchase rate
shall be not less than 0.6 gallons per minute, and the maximum hourly purchase
rate plus actual service pump capacity shall be at least 2.0 gpm per connection
or provide at least 1,000 gpm and be able to meet peak hourly demands,
whichever is less.
3.3Resale Prohibited
.Town shall not provide or sell Water received under
this Contractto anypersonentity, private or public, other than Town’s retail
customers located within the Property, without MUD’s prior written consent.The
Parties agree that as of the Effective Date, MUD has not provided any such
consent and Town does not provide retail water or wastewater service to any
customers located outside the Property.
3.4Sole Provider
.MUD will be the sole source of Wholesale WaterServices
to Townfor the Property unless MUD consents in writing to Town’s conversion to
another wholesale provider. Under the terms and conditions set forth herein,
MUDshall be entitled to provide Wholesale WaterServicesto Townfor the
Propertyfrom any source available to MUD.
3.5Title to Water.
Title to the water purchased by MUDand transported to
Town under this Contractshall remain with MUDat all times until it reaches the
Points of Connection of Water. At the Points of Connection ofWater, titletothe
Water shall pass to the Town.
3.6Conservation and Drought Planning
.Town will adopta water
conservation plan and a drought contingency plan in compliance with TCEQ
rules, 30 Texas Administrative Code, Chapter 288, with provisions at least as
stringent as the provisions of theexistingMUDWater Conservation and Drought
Contingency Plan. MUD shall provide Town with any amended or revised MUD
Water Conservation and Drought Contingency Plan upon adoption, and Town will
adopt a water conservation plan and a drought contingency plan in compliance
with TCEQ rules, 30 Texas Administrative Code, Chapter 288, with provisions at
Page 6 of 28
Town CouncilPage 263 of 287Meeting Date: July 25, 2017
least as stringent as the provisions of theamended or revisedMUDWater
Conservation and Drought Contingency Planwithin sixty (60) days of Town’s
receipt of the amended or revised MUD Water Conservation and Drought
Contingency Plan. Town specifically agrees that upon institution of any
mandatory water conservation or drought contingency restrictions by MUD upon
its customers, MUD shall impose identical restrictions upon Town Customersas
part of the Operational Services until and unless Town has adopted more
stringent restrictions, in which event MUD shall enforce Town’s more stringent
restrictions upon Town Customers.
3.7Plumbing Regulations
.MUDand Town both covenant and agree to
adopt and enforce adequate plumbing regulations with provisions for the proper
enforcement thereof, to ensure that neither cross-connection nor other
undesirable plumbing practices are permitted.Plumbing regulations adopted by
Town shall be not less stringent thanthose adopted by MUD.
3.8Curtailment of Service
.If water service is curtailed by MUDto other
customers of the MUD Water System,MUDmay impose a like curtailment on
Wholesale Water Services delivered to Town under this Contract.MUDwill
impose such curtailments in a nondiscriminatory fashion. The Parties agree that
they will not construe this Contractto prohibit MUDfrom curtailing service
completely in the event of a maintenance, operation or Emergency for a
reasonable period necessary to complete such maintenance operations or
repairs or respond to an Emergency circumstance. Town acknowledges and
agrees that the MUD’s provision of Wholesale Water Services under this
Contractis subject to applicable provisions of the MUDWater Conservation and
Drought Contingency Plan.
3.9Water Service Rules,Regulationsand Policies
.Within sixty (60) days
of the Effective Date, Town agrees to adopt retail water service rules, regulations
and policies with provisions at least as stringent as, and not inconsistent with,the
provisions of theexistingMUDwater service rules, regulations and policies(the
“MUD Service Rules and Policies”).MUD shall provide Town with any amended
or revised water service rules, regulations and policies upon adoption, and Town
will adopt provisions at least as stringent as the provisions of theamended or
revisedMUDservice rules, regulations or policies within sixty (60) days of
Town’s receipt of the amended or revised MUD service rules, regulations and
policies.
3.10Consumer ConfidenceReport.
Town shall timely adopt a consumer
confidence report in accordance with all regulatory requirements, and to conduct
any public hearing relating thereto. MUD agrees to furnish all required data and
information required for Town to prepare the reportand a draft of the report to
Town for Town’s approval, and further agrees to distribute the approved report to
all Town customers upon receipt fromTown as part of the Operations Services to
be provided hereunder.
Page 7 of 28
Town CouncilPage 264 of 287Meeting Date: July 25, 2017
ARTICLE IV.
WHOLESALE WASTEWATER SERVICES
4.1Points of Connection of Wastewater.
MUD shall receive Wastewater
from Town Wastewater Collection System at theexistingPoints of Connection of
Wastewater. Any additional Points of Connection of Wastewater must be at
locations mutually agreed upon in writing by the Parties.
4.2Wholesale Wastewater Service
.
(a)Subject to the terms and conditions of this Contract and the
requirements of applicable law, MUDagrees to provide Wholesale Wastewater
Servicesto Town: (i)in a quantity that meets all regulatory requirements
applicable to the provision of retail wastewater service by Town to Town
Customers located within the Property; and (ii) according to the same terms,
conditions and limitations that MUD furnishes wastewater service to its retail
customers.
(b) Town agrees that it shall adopt and enforce: (1) wastewater
service rules and policies at least as stringent as, and not inconsistent with, the
MUD Service Rules and Policies; and (ii)any pretreatment requirements for its
retail customers as may be necessary to cause the quality of Wastewater Town
delivers to the MUDWastewater Systempursuant to this Contractto meet the
requirements of this Contract and the MUD Service Rules and Policies.MUD
shall be responsible for the quality of any Wastewater collected from MUD
customers and passed through the Town Wastewater Collection System to the
MUD Wastewater System.
(c)MUD shall be entitled to collect samples of Wastewaterat or near
the Point(s) of Connectioninto the MUD Wastewater System or from any point
within the Town Wastewater Collection System and cause the same to be
analyzed in accordance with accepted methods in the industry to determine if
such Wastewater complies with the MUD Service Rules and Policies and any
pretreatment requirements.If analysis discloses that the Wastewaterdoes not
comply with the MUD Service Rules and Policies and any pretreatment
requirements,Town shall be obligated to require the offending originator to
immediately cease discharging such Wastewaterinto the Town Wastewater
Collection Systemor to pretreat such Wastewatersuch that the discharge of
prohibited Wastewater ceases immediately.
4.3Sole Provider
.MUDwill be the sole source of Wholesale Wastewater
Service to Townfor the Propertyunless MUDconsents in writing to Town’s
conversion to another wholesale provider. Under the terms and conditions set
forth herein, MUDshall be entitled to provide Wholesale Wastewater Service to
Townfor the Propertyfrom any source of treatment capacity available to MUD.
Page 8 of 28
Town CouncilPage 265 of 287Meeting Date: July 25, 2017
4.4Wholesale Service Commitment Not Transferable
.MUD’s commitment
to provide Wholesale Wastewater Service is solely to Town and solely for the
Property.Town may not assign or transfer in whole or in part its right to receive
Wholesale Wastewater Service without MUD’s prior writtenconsent.
4.5Curtailment of Service
. The Parties agree that, if Wastewater service is
curtailed by MUDto other customers of the MUDWastewater System, MUDmay
impose a like curtailment on Wholesale Wastewater Service delivered to Town
under this Contract. The MUDwill impose such curtailments in a
nondiscriminatory fashion. The Parties agree that they will not construe this
Contractto prohibit MUDfrom curtailing service completely in the event of a
maintenance operation or Emergency for a reasonable period necessary to
complete such maintenance operations or repairs or respond to an Emergency
circumstance.
4.6 Town Prevention of Infiltration and Inflow
.Town will adopt and enforce
such ordinances as are reasonably necessary or prudent to minimize Infiltration
and Inflow to the Town Wastewater Collection System, and such ordinances
shall be at least as stringent as, and not inconsistent with, the MUD’s Service
Rules and Policies.Town will prohibit the discharge of drainage water and
stormwater run-off into the Town Wastewater Collection System.
4.7Liability of Town
. As between the Parties, liability for damages to third
persons arising from the reception, transportation, delivery, treatment and
disposal of all Wastewater will remain with Town to each Point of Connection of
Wastewater; provided, however, that if any such liability to third parties arises
directly out of an act or omission of MUD in the provision of Operations Services,
then the MUD will pay all costs and expenses arising out of such liability as part
of the Operations Services provided hereunder.Town agrees that any sewer
backups causedby force majeure, intrusion of roots into the Town Wastewater
Collection System, defects in construction of the Town Wastewater Collection
System or other circumstances that are not under the direct control of MUD do
not arise out of the act or omission of MUD, and MUD shall have no liability in
connection therewith. As between the Parties, liability for damages to third
persons will pass to MUDat the Pointsof Connection of Wastewaterto the MUD
Wastewater System.
4.8Liability of MUD
. Subject to the foregoing, MUDwill bear the
responsibility as between the Parties for the proper reception, transportation,
treatment, and disposal of such Wastewater received by it at each Point of
Connection of Wastewaterin accordance with the Contract. However, the
Parties agree that they will not construe this Contractto cause MUDto have
liability for damages to the MUD WastewaterSystemor to third persons arising
from the delivery by Town of any Wastewater that is prohibited under this
Agreement. Similarly, this Contract shall not be construed as a waiver of any
governmental immunity that MUDor Town may enjoy with respect to any claims
brought by third party persons or entities.
Page 9 of 28
Town CouncilPage 266 of 287Meeting Date: July 25, 2017
4.9MUDTreatment and Use of Wastewater
.MUDmay treat the
Wastewater delivered by the Town pursuant to this Contractand dispose of the
effluent generated thereby in such manner as may be provided in the Permit or
other TCEQ authorization in its sole discretion; provided, however, that ifMUD
has effluent available, as determined in MUD’s discretion, then MUD will make
availableall or part of such effluent to Town at Town’s requestin accordance
with all terms and conditions of the MUD Service Rules and Policies relating to
the use of wastewater effluent for irrigation customers, as modified from time to
time.To the extent allowed by law, MUD will make effluent available to Town at
no charge. Town shall be responsible for the acquisition or construction of all
facilities and improvements required to transport effluent from the MUD
Wastewater System to the place of use, and any modifications to the MUD’s
Wastewater System, at Town’s sole expense. The design of all such
improvements and modifications shall be subject to MUD’s prior approval. Town
shall also be responsible for securing at its sole cost and expense all regulatory
approvals required for the delivery and use of effluent. Notwithstanding any
provision herein to the contrary, the Town acknowledges and agrees as follows:
(i) that Trophy Club Country Club shall have an opportunity to purchaseany
excess Wastewater effluent prior to such effluent being made available to Town
and(ii) Town may not furnish or resell to third parties any Wastewater effluent.
4.10WastewaterService Rules,Regulationsand Policies
. Within sixty (60)
days of the Effective Date, Town agrees to adopt wastewater service rules,
regulations and policies with provisions at least as stringent as, and not
inconsistent with,the provisions of theexistingMUDwastewater servicerules,
regulations and policies(“MUD Service Rules and Policies”).MUD shall provide
Town with any amended or revised wastewater service rules, regulations and
policies upon adoption, and Town will adopt provisions at least as stringent as
the provisions of theamended or revisedMUDservice rules, regulations or
policies within sixty (60) days of Town’s receipt of the amended or revised MUD
service rules, regulations and policies.
ARTICLE V.
OPERATIONS SERVICES RELATED TO TOWN WATER DISTRIBUTION
SYSTEM, TOWN WASTEWATER COLLECTIONSYSTEM,
AND TOWN WELLS
5.1Town’s Obligation to Construct Town Water Distribution System and
Town Wastewater Collection System.
Town shall continue to design and
construct, at its sole cost and expense, theTown Water Distribution System and
a Town Wastewater Collection System to provide retail water and wastewater
service to Town Customers. The Town Water Distribution System shall include
all facilities necessary to store Water and to convey Water from thePoints of
Connection of Water to Town Customers. The Town Wastewater Collection
System shall include all facilities necessary to transport Wastewater from Town
Customers to the Points of Connection of Wastewater. The Parties specifically
agree that the MUD shall have no obligation whatsoever to construct new
Page 10of 28
Town CouncilPage 267 of 287Meeting Date: July 25, 2017
improvements within, or as part of, the Town Water Distribution System or the
Town Wastewater Collection System to serve new development or new land
uses within the Property.
5.2Provision of MUDOperations Services.
(a)MUDagreesto providethe followingcontractoperation,
maintenance, meter reading, billing and reporting functions (collectively, the
“Operations Services”)to Town in connection with the TownWater Distribution
System and Town Wastewater Collection System:
1)Operating and maintaining the Town Water Distribution System and
Town Wastewater Collection Systemin the same manner as the
MUD operates and maintains the MUD Water System and the MUD
Wastewater System;
2)Repairing and replacing the Town Water Distribution System and
Town Wastewater Collection System (but excluding any
expansions) in the same manner as the MUD repairs and replaces
the MUD Water System and the MUD Wastewater System as
necessary to provide continuous and adequate service in
accordance with all regulatory requirements;
3)Reading individual meters of Town retail customers on behalf of
Town;
4)Billing, collecting from, and responding to service calls from Town
Customers;
5)Dead-end water flushes;
6)Prepare and filing certain operational and compliance reports
required by law, including those required by the Commission or
EPArelating to operation of the Town Wastewater Collection
System or Town Water Distribution System, as more particularly
described in Section 5.2(e) below;
7)Preparing and furnishingto Town a monthlyoperational report
including the same detail and information prepared by the MUD for
its own system;
8)Providing a representative, upon prior request of Town,to present
reports at regular Town Council meetings regarding service
matters; and
9)Cooperating with respect to any inspection of the Town Wastewater
Collection System or Town Water Distribution System by TCEQ,
EPA or any other regulatory entity.
Page 11of 28
Town CouncilPage 268 of 287Meeting Date: July 25, 2017
(b) MUD will provide OperationsServices to Town under this Contract
in compliance withall applicable, federal, state, and local laws, rules and
regulations, and in the same manner that it provides those servicesto retail water
and wastewater customers within the MUD.If MUD’s failure to comply with all
applicable, federal, state, and local laws, rules and regulations for which it is
responsible under this Contract results infines or penalties against Town of any
kind or anyrequirement that Town take corrective actionby any governmental
agency having jurisdiction, then MUD shall pay such fines and penalties, and
shall undertake such correction, as part of the Operations Services provided
hereunder; provided, however, that notwithstanding any provision in this Contract
to the contrary, MUD shall have absolutely no responsibility to pay any costs,
fines or penaltiesthat arise out of any of the following: (i) the design or
construction of the Town Wastewater Collection System or Town Water
Distribution System; (ii) the introduction of prohibited Wastewater by any
customer of the Town into the Town Wastewater Collection Systemfor which the
Town has not taken immediate enforcement action; (iii) any action, decision,
inaction or delay of the Town that contributes to the circumstance or condition
that results inthe violation, fine or penalty; (iv) matters which are outside the
scope of Operations Services to be provided by MUD; and (v) matters that are
outside the reasonable control of the MUD, including acts of force majeure and
acts of third parties.
(c) As an independent contractor, MUD shall work independently and
exercise itsown judgmentin providing the Operations Services.Townshall have
no control over the means or methods of the MUD’swork, except that MUDshall
provide Operations Services in a professional and workmanlike manner
consistent with the standards by which it furnishes services to its own retail water
and wastewater customers, and shall comply with all applicable local, state and
federal laws, rules and regulations.
(d)Town acknowledges that the Operations Services do not include
any services or obligationsnot specifically set forth in this Contract.By way of
exampleand without limitation, the Operations Services do not include design or
construction of extensions to the Town Wastewater Collection System or Town
Distribution System; plumbing inspections; construction inspections; records
retention;filing of plans for new infrastructure improvementswith regulatory
authorities;legislative functions such as adoption of policies, rates and service
rules; or enforcement of Town ordinances, rules, regulations or policies.
(e)As part of the Operations Services, MUD shall prepare, execute
and file on behalf of Town those operations and sampling reports and filings that
may legally be executed by an operator of a public water or wastewater system
on behalf of the owner. With respect to those reports, plans and filings that must
be executed or filed directly by the owner of the public water or wastewater
system, MUD shall prepare a draft report, plan and/or filing for Town, but Town
shall be solely responsible for final approval, execution and filing thereof. The
Page 12of 28
Town CouncilPage 269 of 287Meeting Date: July 25, 2017
Parties agree that the data to be furnished by MUD for purposes of preparing
reports, filings and plans on behalf of Town shall be operational and sampling
data obtained by MUD in connection with providing the Operations Services, and
Town shall be responsible for gathering and furnishing other datanot generated
as a resultof operating the Town Water Distribution System and Town
Wastewater Collection System,such as Townpopulation data.
5.3Wells.
Town has sole discretion regarding the specifications for, number
and location of Wells that may be constructed by Town.Anyand all Wells
constructed by or at the direction of Town or dedicated toTown shall be owned
and operated by Town, and are outside the scope of Operations Services to be
furnished by MUD. No Wells shall be connected to the TownWaterDistribution
System without the prior consent and approval of the MUD. MUDhas sole
discretion regarding the specifications for, number and location of Wells that may
be constructed by MUD.
5.4Cooperation
.
(a) Townagreesto fully cooperate with MUDin connection with the
provision of Operations Services by MUD. By way of example and without
limitation, Town shall not prevent, hinder or impair MUD’s access to the Town
Wastewater Collection System orTown Water Distribution System. Similarly, in
the event Town receives any notices, correspondence, notices of enforcement
action, inspection reports, customer correspondence or other information relating
to water or wastewater services, operations or water or wastewater facilities, it
shall provide a copy thereof to MUDas soon as reasonably practical.Town shall
alsotimely execute any operations reports or filings that must be executed by an
authorized representative of Town, and shall fully cooperate as necessary to
allow MUD to file any regulatoryreports or filings that MUD files on behalf of
Townas part of the Operations Services.
(b) The Parties agree to fully cooperate and provide notice to each other
as soon as practicable regarding emergencies and events that materially impact
water and wastewater service.
(c) The Parties will fully cooperate to respond to alleged violations or
enforcement action pertaining to water and wastewater services.
5.5Approvals for MUD Bonds Relating to Town Infrastructure.
The
Parties acknowledge and agree that the Operations Services to be provided by
MUD includenecessaryrepairsor replacement of the Town Wastewater
Collection System or the Town Water Distribution System. In the event that MUD
seeks to issue bonds for funding any such repairs or replacements and TCEQ
withholds approval for the issuance of such bonds, or the Attorney General of the
State of Texas refuses torender an opinion approving the validity of bonds
issued by MUD for such purposes, then the Parties agree to fully cooperate as
necessary to causesuch repair or replacement to proceed without delay at no
Page 13of 28
Town CouncilPage 270 of 287Meeting Date: July 25, 2017
additional cost to Town. MUD shall have no obligation to undertake any such
repair or replacement until an alternative funding source is identified and agreed
upon by the Parties.
5.6Elevated Storage Tank.
The Parties acknowledge that the Town Water
Distribution System includes an elevated storage tank to which both Parties
contributed funding. As part of the Operations Services, MUD shall operate the
elevated storage tank to provideand maintain pressure to customers of both the
Town Water Distribution System and the MUD Water System in accordance with
all applicable regulatory requirements applicable to both systems.
5.7Insurance.
MUD agrees to secure and maintain insurance for the Town
Water Distribution System and Town Wastewater Collection System at MUD’s
sole cost and expense. The Parties mutually agree that any payments of
insurance under any such policies should go to MUD forpurposes of repair or
replacement of Town infrastructure. In the event that the insurance company
tenders payment of the insurance proceeds to Town for any reason, Town
agrees to immediately remit all such insurance proceeds to MUD, which shall
utilize the proceeds for repair or replacement of Town infrastructure, or if the
amount of the proceeds exceeds the cost of the repair or replacement, MUD
shall credit such excess proceeds to theAnnual Capital Improvements and
Maintenance Charge due from Town.
ARTICLE VI.
CHARGES TO TOWN
6.1Charges to Townfor Wholesale Water Service, Wholesale
Wastewater Services and Operational Services.
The MUDchargesto Town
for Wholesale Water Services, Wholesale Wastewater Services, and Operational
Services shall consistof the following:
(a)The Retail CustomerCharge;
(b)The Annual Capital Improvements and Maintenance Charge;
(c)Fort Worth Impact Fees; and
(d)Utility Fees.
ARTICLE VII.
BILLING AND PAYMENT
7.1Retail Customer Charge.
(a)MUD shall provide to Town any amended or revised MUD Rate
Order adopted by MUD and Town shall adopt a Town Rate Order identical to the
amended or revised MUD Rate Order. The Town shall adopt a Town Rate Order
Page 14of 28
Town CouncilPage 271 of 287Meeting Date: July 25, 2017
identical to the amended or revised MUD Rate Order provided that the Town has
received receipt of the amended or revised MUD Rate Order at least 96 hours
before a regularly scheduled Council meeting. In the event that the Town
receivesreceipt of the amended or revised MUD Rate Order with less than 96
hours before a regularly scheduled Council meeting then the Town shall adopt a
Town Rate Order identical to the amended or revised MUD Rate Order at the
second regularly scheduled Council meeting after receiving receipt of the
amended or revised MUD RateOrder.Within thirty (30) days of the Effective
Date, Town shall adopt the Town Rate Order. Except as provided in Section
7.1(d)below, the Town Rate Order shallbe identical to the existing MUD Rate
Order. MUD shall provide to Town anyamended or revised MUD Rate Order
adopted by MUDnot later than sixty (60) days before the effective date of any
new rates and charges, and Town shall adopt a Town Rate Order identical to the
amended or revised MUD Rate Orderwithin sixty (60) days ofTown’s receipt of
the amended or revised MUD Rate Order, such that the effective date of any
changes to the Town Rate Order and MUD Rate Order shall be identical. In the
event that in connection with any rate proceeding TCEQ (or the Public Utility
Commissionof Texas) changes any MUD rates, fees or charges, MUD shall
provide immediate notice thereof to Town and Town shall use its best efforts to
change the Town Rate Order immediately, including by calling a special meeting
if necessary.
(b)As part of the Operations Services provided to Town, MUD shall bill
and collect amounts due from Town Customers under the Town Rate Order for
the provision of retail water and wastewater services. Such billing and collection
shall be conducted by MUD in the same manner of billing and collections
performed by MUD for retail water and wastewater service furnished by MUD to
its retail customers in the MUD boundaries.
(c)Town hereby authorizes MUD to collect all monthly payments from
Town Customers under the Town Rate Orderand to directly deposit such
payments into the MUD bank accounts. MUD shall keep one hundred percent
(100%) of all collections from Town Customers, except as provided in Section
7.1(d)below.All such payments collected by MUD from Town Customers under
the Town Rate Order identical to the rates, fees and charges of MUD are
collectively referred to herein as the “Retail Customer Charge.”
(d)Town shallhave the right at any time to modify its rate order to
include separate fees and charges in addition to those billed and charged by
MUD. Any such additional Town fees or charges (a “Town Surcharge”) shall be
separately identified on the MUD’s bill to Town Customers. Town shall give MUD
not less than 60 days prior written notice of anysuch additional Town charge.
Except as provided in Section 7.2(d) below with respect to the levy and collection
of a Town Surcharge for payment of the Annual Capital Improvements and
Maintenance Charge, MUD shall remit payment of any such additional Town fees
and charges that it collects to Town within fifteen (15) days after receipt of a
written invoice for payment from Town.Notwithstanding any provision herein to
Page 15of 28
Town CouncilPage 272 of 287Meeting Date: July 25, 2017
the contrary, Town agrees that the volumetric rates for water and wastewater
service to Town Customers under the Town Rate Order must be identical to the
MUD volumetric rates for water and wastewater services under the MUD Rate
Order, and the Town Surcharge shall not be a gallonage charge (and instead
shall be a fixed sum).
7.2Annual Capital Improvements and Maintenance Charge.
(a)The Annual Capital Improvements and Maintenance Chargeshall
be calculated in accordance with the following methodology:
1)Town shall furnish its most current certified assessed valuation
from the County Tax-Assessor (the “CertifiedAssessed Valuation”)
for the Propertyto the MUD on or before August 1 of each yearthat
this Contract remains in effect.
2)Nolater than September 1 of the same year, MUD will furnish Town
with an annual debt service, maintenance and operations budget
thatcontains the following items:
a.The total debt service requirements for new money ad
valorem tax bonds issued by MUD after the Effective Datein
the next calendar year(“Annual Debt Service Requirement”);
b.The total expenses to be funded with maintenance taxes in
the next fiscal year (“Annual Maintenance and Repair
Requirement”), save and except budgeted costs of MUD
director fees anddirector elections, the costs of which MUD
agrees shall not be funded by the Annual Capital
Improvements and Maintenance Charge;
c. The cumulative total of the Certified Assessed Valuation for
the MUD and the Property;
d.Town’s percentage share of the Annual Debt Service
Requirement and Annual Maintenance and Repair
Requirement calculated by dividing the Certified Assessed
Valuation for the Property by the cumulative total of the
Certified Assessed Valuation for the MUD and the Property;
and
e.The amount of the next year’s Annual Debt Service
Requirementand Annual Maintenance and Repair
Requirement for which the Town is responsible for payment
during the subsequent calendar year (the “Annual Capital
Improvements and Maintenance Charge”)shall be equal to
the product of the Town’s percentage share of the Annual
Debt Service Requirement and Annual Maintenance and
Page 16of 28
Town CouncilPage 273 of 287Meeting Date: July 25, 2017
Repair Requirement multiplied bythe Annual Debt Service
Requirementand Annual Maintenance and Repair
Requirement.
(b)If for any reason the timing of issuance of ad valorem tax debt by
MUD does not allow the Annual Capital Improvements and Maintenance Charge
to be calculated in accordance with the foregoing schedule, then Town’s share of
any such ad valorem debt service payments shall be added to the next
subsequent calendar year Annual Debt Service Requirement.
(c)Town shall determine, in its sole discretion, the source of funding
for payment of the Annual Capital Improvementsand MaintenanceCharge;
provided, however, that (i) the Town shall not levy and collect an ad valorem tax
for payment of theAnnual Capital Improvements and Maintenance Charge; and
(ii) the source of funding shall be collected only from Town Customers within the
Property. Without limitation, Town may levy a Town Surcharge (as defined in
Section 7.1(d) above) in the Town Rate Order for purposes of generating
revenues for payment of theAnnual Capital Improvements and Maintenance
Charge.
(d)If Town levies a Town Surcharge for payment of the Annual Capital
Improvements and Maintenance Charge, then MUD shall retain the Town
Surcharge for payment of the Annual Capital Improvements and Maintenance
Charge. If Town uses another source of funding to pay the Annual Capital
Improvements and Maintenance Charge, then Town shall pay such funds to
MUD within thirty (30) days of receipt, but in no event later than the end of the
calendar year. Within thirty (30) days of the end of each calendar year, MUD
shall prepare and furnish to Town a reconciliation that identifies the cumulative
sum collected by MUD from the Town Surchargeor paid by Town from other
funding sources. In the event that the cumulative sum collected exceeds the
Annual Capital Improvements and Maintenance Charge, the MUD shall remit
such excess monies to Town within thirty (30) days after the reconciliation report
is furnished to Town. If the cumulative sum collected is less than the Annual
Capital Improvements and Maintenance Charge, then Town shall pay the full
amount of the deficit within thirty (30) days of receipt of the MUD reconciliation
report.
(e) Each Annual Capital Improvements and Maintenance Charge shall
remain in effect from January through December of each year that this Contract
remains in effect.The Parties acknowledge that the payment procedures may
cause the MUD to be responsible for principal or interest on bonds during the
calendar year before Town has fully contributed its pro rata share of such
payments to MUD; provided, however, the reconciliation and payment obligations
of the Parties shall ensure that Town pays, and the MUD receives, the Annual
Capital Improvements and Maintenance Charge for each calendar year (and not
more or less).
Page 17of 28
Town CouncilPage 274 of 287Meeting Date: July 25, 2017
(f)A new Annual Capital Improvements and Maintenance Charge
shall be calculated for each calendar year in accordance with the same
methodology set forth in Section7.2(a) for so long as this Contract remains in
effect.
(g)If all of the Property is annexed into the corporate boundaries of the
MUD, then Town’s obligation to pay the Annual Capital Improvementand
MaintenanceCharge will terminate on the January 1 following the effective date
of the annexation.
7.3Fort Worth Impact Fees.
Town understands that MUD has a separate
agreement for water services with the City of Fort Worth (hereinafter “Fort Worth
Water Contract” as defined above) and that pursuant to that Fort Worth Water
Contract, MUD is responsible for collection of Fort Worth’simpact fees from new
customers that are paid to Fort Worth. Town understands and agrees that as a
wholesale water supply customer of MUD, Town will be required to collect and
pay all impact fees due under the Fort Worth Water Contractfor each new Town
Customer.The Parties further agree that Town’s permitting department collects
the Fort Worth Impact Fee from each new Town Customer and each new retail
customer of MUDwithin the boundaries of Town, and provides a daily collection
report to MUD identifying all new customers. Town remits the cumulative Fort
Worth Impact Fees collected from all such customers to MUD each month upon
receipt of a written invoice for payment from MUD, and MUD in turn provides
payment to the City of Fort Worth. Town agrees to continue to take such actions
as may be necessary to collect or to allow for the collection from all newretail
connectionsof Town and MUDwithin the boundaries of Townan amount equal
to the impact fee assessed by the City of Fort Worth pursuant to the Fort Worth
Water Contract and to remit such sum to MUD in the amount and in accordance
with the terms set forth in the Fort Worth Water Contract. Upon receipt of such
funds from Town, MUD shall immediately remit that amount to the City of Fort
Worth. Town agrees that no new Town Customer shall be entitled to receive
water or wastewater service for which the Fort Worth Impact Fee is not collected
and paid to MUD. In the event that payment of the Fort Worth Impact Fee is not
collected from any new Town Customer, MUD may immediately disconnect
service until payment is received.
7.4Utility Fees
. The Parties acknowledge that the 2007Wholesale Contract
providedfor the Town to pay MUD a lump sum amount of $540,000 and a Utility
Fee of $2,300 for each new service connection to the Town Water Distribution
System and Town Wastewater Collection System until thetotal amount of Utility
Fees paid to MUD equaled $3,260,000, in consideration of the MUD’s payment
of the debt service on bonds issued to finance the construction and installation of
the existing MUD Water System and MUD Wastewater System. For purposes of
this contract, and in consideration of the receipt of Utility Fees, MUD agrees that
Town shall not be responsible for payment of debt service on ad valorem tax
bonds issued by MUD prior to the Effective Date, or any refunding thereof. The
2007Wholesale Contract further providedthat to the extent the Town paid less
Page 18 of 28
Town CouncilPage 275 of 287Meeting Date: July 25, 2017
than this sum to the District as of May 7, 2013, then the Town would be required
to pay ten percent (10%) interest each year on the difference between the
amount of such fees paid to the District and $3,260,000in accordance with a
formula set forth in the2007 Wholesale Contract.The Parties now acknowledge
that there will not be a sufficient number of new service connections within the
Property in order for Town to collect and remit to MUD the full amount that was
required to be paid under the 2007 Wholesale Contract. As a result, from and
after the Effective Date, the Parties agree that Town’s payment obligation of
Utility Fees and interest shall be as follows:
(a)Town shall collect a fee $2,300(the “Utility Fee”) for each new
standard service connection within the Property to the Town Water Distribution
System orTown Wastewater Collection System within the Property and tender
such fee to MUD until such time as MUDhas received Utility Feesfrom 1,407
standard service connectionswithin the Property (including those received under
the 2007Wholesale Contract);
(b)From and after the EffectiveDate, Town shall pay to MUD the
Utility Fees collected by Town for all new service connections within the Property
duringthe preceding calendar month on or before the end of a calendar month.
(c)Until such time as MUDhas received Utility Feesfrom 1,407 new
service connections within the Property(including those received under the 2007
Wholesale Contract), Town shall, pursuant to its contract with 831 Trophy LP
(“Developer”), entitled “The Highlands at Trophy Club Development and Public
Improvement District Agreement” and all prior modifications thereof, notify the
Developer of its requirement to directlypay to MUD or to provide a letter of credit
for the benefit of MUD topay interest in accordance with the following
methodology:
1)The difference between the total amount of Utility Fees received by
MUD as of a specified date and $3,260,000 represents the “Utility
Fee Remainder” as of said date;
2)Interest at ten percent (10%) per annum shall be payable to MUD
each yearbased on the Utility Fee Remainder until such time as
the MUD has received Utility Fees from 1,407 new service
connections within the Property(including those received under the
2007Wholesale Contract);
3)Itis hereby agreed that, as of May 7, 2013,the Utility Fee
Remainder was $707,000. Therefore, the initial interest payment,
equal to $70,700(which represents 10% of the Utility Fee
Remainder as of May 7, 2013), shall be paid to MUD on or before
May 31, 2014;
Page 19of 28
Town CouncilPage 276 of 287Meeting Date: July 25, 2017
4)The amount of interest to be paidto MUD thereafter (commencing
May 31, 2015) shall be calculated according to the following
methodology: where (A) equals the Utility Fee Remainder as ofthe
precedingMay 7th(commencing May 7, 2014) and (B) equals the
th
Utility Fee Remainder as of the subsequent May 7(commencing
May 7, 2015), then (A) plus (B) divided by two (2) and multiplied by
ten percent (10%) will be the amount of interest payable for the
preceding year; and
5)If the foregoing calculation of interest results in interest greater than
the maximum amount allowed by applicable law, then the amount
of interest for that period will be reduced to equal the maximum
amount allowed by applicable law.
6)Town agrees that no new Town Customer shall be entitled to
receive water or wastewater service for which the Utility Fee is not
collected and paid to MUD. In the event that payment of the Utility
Fee is not collected from any new Town Customer, MUD may
immediately disconnect service on behalf of Town until payment is
received.In the event interest is not received by MUD by May 31
of each year for so long as such interest is due, no meters shall be
set for new service connections within the Property until the interest
is paid to the MUD.
7.5Customer Deposits.
Town hereby authorizes the MUD to collect,
deposit, administer and refund customer deposits from Town Customers in the
same manner, in the same amount,and according to the same procedures as
applicable to MUD retail customers. Town acknowledges and agrees that
interest will not be paid either to Town or to Town Customers on such deposits.
7.6Payments by Town Unconditional.
Town recognizes that MUD will
issue bonds that will be payable and secured by a pledge of the sumsof money
to be received by MUD from Town under this Contract. Accordingly, Town’s
obligation to make the payments required by this Contractis hereby made
unconditional. All sums payable hereunder by Town to MUD shall, so long as
any part of the MUD bonds are outstanding and unpaid, be paid by Town without
set-off, counterclaim, abatement, suspension or diminution except as otherwise
expressly provided herein; and so long as any part of MUD bonds are
outstanding and unpaid, Town shall not have any right to terminate this Contract
nor shall the Town be entitled to the abatement of any payment or any reduction
thereof nor shall the obligations of the Town be otherwise affected for any
reason, it being the intention of the Parties that so long as any portion of the
MUD bonds are outstanding and unpaid, all sums required to be paid by the
Town to MUD shall continue to be payable in all events and the obligations of the
Town hereunder shall continue unaffected, unless the requirement to pay the
same shall be reduced or terminated pursuant to an express provision of the
Agreement.
Page 20of 28
Town CouncilPage 277 of 287Meeting Date: July 25, 2017
7.7Rate Appeals.
If the Town at any time disputes the amount to be paid by
it to the MUD, the Town shall nevertheless promptly make the disputed payment
or payments, but the Town shall have the right to seek a judicial determination
whether the rates charged by the MUD are in accordance with the terms of this
Contract.
7.8Other Charges.
The Parties mutually acknowledge that each Party
currently collects certain charges and fees on behalf of the Party, as follows:
(i)MUD collects Town’s solid waste fee and taxes, and drainage fees,
on each monthly bill to Town Customers. Payments received from Town
Customers are deposited by MUD, and then tendered to Town upon
receipt of a monthly invoice for payment.
(ii)The Town permitting department collects the MUD service deposit,
meter charge, Utility Fee, Fort Worth Impact Fees, a Fire Line Fee, the
Fire Plan Review Fee, and Omnicom Fee from new MUD retail customers.
Such payments received from MUD customers are deposited by Town,
and then tendered to MUD upon receipt of a monthly invoice for payment.
Each Party agrees to cooperate in good faith with the other Party to continue
collection of fees and charges on behalf of the other Party to lower costs to, and
minimize burdens upon, their respective customers. Notwithstanding the
foregoing, in the eventthat it is determined that either Party does not have the
authority to collect and/or deposit charges on behalf of the other Party, each
Party shall be responsible for billing and collection of its own charges, or the
Parties shall otherwise cooperate as necessary to ensure that separate
payments are made by customers to the appropriate payee.
ARTICLE VIII.
TERM
8.1Term.
This Contract shall become effective upon approval by each of the
respective governing bodies of Town and MUDand upon execution by their
respective authorized representatives, and shall remain in effect for an initial term
of 99years from the Effective Date or until any new bonds issued by the District
after the Effective Date (including refunding bonds for such new bonds) are no
longer outstanding, whichever is later. Thereafter, this Contract shall renew
automatically for additional terms of ten(10) yearseach unless either Party
provides not less than six (6) months prior written notice to the other Party of
termination before theexpiration of any term.
8.2Material Breach; Notice and Opportunity to Cure.
(a)In the event that one Party believes that another Party has
materially breached one of the provisions of this Agreement, the non-defaulting
Party will make written demand to cure and give the defaulting Party up to 30
Page 21of 28
Town CouncilPage 278 of 287Meeting Date: July 25, 2017
days to cure such material breach or, if the curative action cannot reasonably be
completed within 30 days, the defaulting Party will commence the curative action
within 30 days and thereafter diligently pursue the curative action to completion.
This period must pass before the non-defaultingParty may initiate any remedies
available to the non-defaulting party due to such breach; provided, however, that
neither Party may terminate this Contract as a remedy for default.
(b)Any non-defaulting Party will mitigate direct or consequential
damage arising from any breach or default to the extent reasonably possible
under the circumstances.
(c)The Parties agree that they will negotiate in good faith to resolve
any disputes and may engage in non-binding mediation, arbitration or other
alternative dispute resolution methods as recommended by the laws of the State
of Texas.
8.3 Equitable Relief.
(a)The Parties acknowledge that MUDis limited in its ability to
terminate this Contract in the event of Town’sdefault, whether a monetary
default or otherwise, because MUD has outstanding bonds and because Town
may have an obligation to provide continuous and adequate water and
wastewater services to its retail customers at the time of the default and may lack
alternative sources for service. In recognition of this, and that failure in the
performance of Town’sobligations could not be adequately compensated in
money damages alone, Townagrees that in the event of any default on its part
that the MUDshall have available to it equitable remedies including, without
limitation, the right to obtain a writ of mandamus or specific performance or an
injunction against the Town requiring the Townto levy and collect rates and
charges sufficient to pay the amounts owed toMUDby Townunder this
Agreement.
(b)The Parties acknowledge that Town is limited in its ability to
terminate this Contract in the event of MUD’s default because Town may have an
obligation to provide continuous and adequate water and wastewater services to
its retail customers at the time of the default and may lack alternative sources for
service.In recognition of this, and that failure in the performance ofMUD’s
obligations could not be adequately compensated in money damages alone,
MUD agrees that in the event of any default on its part that Town shall have
available to it equitable remedies including, without limitation, the right to obtain a
writ of mandamusor specific performanceor an injunction againstMUD requiring
it to perform its duties under this Contract.
8.4Remedies Not Exclusive
.The provisions of this Agreement providing
remedies in the event of a Party’s breach of this are not intended to be exclusive
remedies. The Parties retain, except to the extent released or waived by the
express terms of this Agreement, all rights at law and in equity to enforce the
Page 22of 28
Town CouncilPage 279 of 287Meeting Date: July 25, 2017
terms of this Agreement in addition to, and cumulative to, remedies provided in
this Agreement. The foregoing shall not be construed to authorize termination.
ARTICLE IX.
MISCELLANEOUS
9.1Joint Meetings.
The Town Council and the MUD Board of Directors
agree to hold joint meetings in each quarter of each calendar year or as the
parties mutually agree. The purpose of these joint meeting will be to discuss
matters of common interest to Town and MUD, including, but not limited to,
amendments or revisions to the MUD Conservation and Drought Contingency
Plan, amendments or revisions to the MUD Rate Order, the construction of
capital improvements to serve the MUD and the Property, the calculation and
collection of the Annual Capital Improvements and Maintenance Charge, and the
calculation and collection of any other charges due from Town to MUD under this
Contract.
9.2 Immunity.
The fact that Town and MUDaccept certain responsibilities
relating to the provision of OperationsServices under this Contract as part of
their responsibility for providing Water and Wastewater Services to their
respective residents makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of
governmental immunity shall be, and it is hereby, invoked to the extent possible
under the law. Neither Town nor MUDwaive any immunity or defense against
third party claims that would otherwise be available to it against claims arising
from theexercise of governmental powers and functions.The Parties hereto
agree that each respectively waives its sovereign immunity to suit for the limited
purpose of adjudication of a claim for breach of this Contract. Notwithstanding
the foregoing Contract,remedies in such action shall be limited to those provided
bystate law.
9.3 Force Majeure.
If any Party is rendered unable, wholly or in part, by force
majeure to carry out any of its obligations under this Contract, except the
obligation to pay amounts owed or required to be paid pursuant to the terms of
this Contract, then the obligations of such Party, to the extent affected by such
force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the
continuance of any inability so caused to the extent provided but for no longer
period. As soon as reasonably possible after the occurrence of the force
majeure relied upon, the Party whose contractual obligations are affected thereby
shall give notice and full particulars of such force majeure to the other Party.
Such cause, as far as possible, shall be remedied with all reasonable diligence.
The term “force majeure,”as used herein, shall include without limitation of the
generality thereof, acts of God, strikes, lockouts, or other industrial disturbances,
acts of the public enemy, orders of any kind of the government of the United
States or the State of Texas or any civil or military authority other than a Party to
Page 23of 28
Town CouncilPage 280 of 287Meeting Date: July 25, 2017
this Contract, insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, hurricanes, restraint of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines or canals, partial or
entire failure of water supply resulting in an inability to provide water necessary
for operation of the water and sewer systems hereunder or in an inability of MUD
to provide Water or receive Wastewater, and any other inabilities of any Party,
whether similar to those enumerated or otherwise, which are not within the
control of the Party claiming such inability, which such Party could not have
avoided by the exercise of due diligence and care. It is understood and agreed
that the settlement of strikes and lockouts shall be entirely within the discretion of
the Party having the difficulty, and that the above requirementthat any force
majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the opposing
Party when such settlement is unfavorable to it in the judgment of the Party
experiencing such difficulty.
9.4 Applicable Law.
This Contract shall be governed by the laws of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Tarrant or Denton County.
9.5 No Additional Waiver Implied.
No waiver or waivers of any breach or
default (or any beaches or defaults) by any Party hereto of any term, covenant,
condition, or liability hereunder, or the performance by any Party of any duty or
obligation hereunder, shall be deemed or construed to be a waiver of subsequent
breaches or defaults of any kind, under any circumstances.
9.6 Addresses and Notice.
Unless otherwise provided in this Contract, any
notice, communication, request, reply, or advice (herein severally and
collectively, for convenience, called “Notice”) herein provided or permitted to be
given, made, or accepted by any Party to the other (except bills), must be in
writing and may be given or be serviced by depositing the same in the United
States mail postpaid and registered or certified and addressed to the Party to be
notified, with return receipt requested, or by delivering the same to such Party,
addressed to the Party to be notified. Notice deposited in the mail in the manner
hereinabove described shall beconclusively deemed to be effective, unless
otherwise stated in this Contract, from and after the expiration of three (3) days
after it is so deposited. Notice given in any such other manner shall be effective
when received by the Party to be notified. For the purpose of notice, addresses
of the Parties shall, until changed as hereinafter provided, be as follows:
If to MUD, to: If to Town, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
Page 24of 28
Town CouncilPage 281 of 287Meeting Date: July 25, 2017
The Parties shall have the right from time to time and at any time to
change their respective addresses and each shall have the right to specify any
other address by at least fifteen (15) days' written notice to the other.
9.7 Merger and Modification.
This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
Contractbetween the Parties relative to the subject matter hereof. This Contract
shall be subject to change or modification only with the written mutual consent of
all Parties affected by such change or modification.
9.8 Severability.
The provisions of this Contract are severable, and if any part
of this Contract or the application thereof to any person or circumstances shall
ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Contract and the
application of part of this Contract to other persons or circumstances shall not be
affected thereby.
9.9 Successors and Assigns.
This Contract shall be binding upon and inure
to the benefit of the Parties hereto and their successors. This Contract shall not
be assigned without the written consent of the governing bodies of the respective
entities.
9.10 Benefits of Contract.
This Contract is for the benefit of the Parties and
their successors and assigns and shall not be construed to confer any benefit on
any other person or entity except as expressly provided for herein.
9.11 Consent and Approvals.
Whenever this Contract provides for the
approval or consent of one of the Parties, such consent or approval shall not be
unreasonably withheld or delayed.
9.12Authority
. This Agreement is made and entered into pursuant to the
provisions of the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter
791; V.T.C.A. Local Government Code, Chapter 552; V.T.C.A. Water Code
Chapters30 and 49, and other applicable law.
Page 25of 28
Town CouncilPage 282 of 287Meeting Date: July 25, 2017
TOWN OF TROPHY CLUB, TEXAS
By:
Name:C. Nick Sanders
Title:Mayor
Date:
ATTEST:
By:
Name:Holly Fimbres
Title:Town Secretary
TROPHY CLUB MUNICIPAL UTILITY
DISTRICTNO. 1
By:
Name:Kevin Carr___
Title:President
Date:
ATTEST:
By:
Name: Laurie Slaght
Title:District Secretary
Page 26of 28
Town CouncilPage 283 of 287Meeting Date: July 25, 2017
EXHIBIT “A”
Page 27of 28
Town CouncilPage 284 of 287Meeting Date: July 25, 2017
Town CouncilPage 285 of 287Meeting Date: July 25, 2017
EXHIBIT “B”
Page 28of 28
Town CouncilPage 286 of 287Meeting Date: July 25, 2017
Town CouncilPage 287 of 287Meeting Date: July 25, 2017